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2025 DAILYLAW 14039 (AP)

S SWATHI v. THE GOVERNMENT OF AP

WP/8943/2025 · 2025-04-08

Challa Gunaranjan

body2025

Judgment text

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APHC010171542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY ,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 8943/2025 Between: S Swathi ...PETITIONER AND The Government Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. V R REDDY KOVVURI Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 2 CGR, J W.P.No.8943 of 2025 ORDER: The present writ petition is filed by the petitioner under Article 226 of the Constitution of India for the following reliefs: “…to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.3 in not allowing me to discharge my duties as Anganwadi worker by closing Kolamadugu Anganwadi Centre, Kolamadugu Village, Santhipuram Mandal, Chittoor District, for the reasons best known to her as arbitrary, illegal and contrary to the well established legal principles, apart from being violative of the fundamental rights guaranteed to me under Article 14, 19 and 21 of the Constitution of India and consequently direct the respondents No.2 to 4 to continue me Anaganwadi Worker of Kolamadugu Anganwadi Centre, Kolamadugu Village, Santhipuram Mandal, Chittoor District by unlocking the doors of the Kolamadugu Angawandi Center and pass such order or orders.…” (in verbatim) 2. Heard Sri T. Ravi Teja, learned counsel, representing Sri V. R. Reddy Kovvuri, learned counsel for the petitioner; and learned Assistant Government Pleader for Social Welfare appearing for the respondents. 3. The case of the petitioner is that she was appointed as an Anganwadi Worker at the Kolamadugu Anganwadi Centre, Kolamadugu Village, Shantipuram Mandal, Chittoor District, on 13.12.2021. On certain allegations of dereliction of duties, she was issued memos dated 30.01.2025, 03.03.2025 and 10.03.2025. The 3 CGR, J W.P.No.8943 of 2025 petitioner states that she submitted explanations on 31.01.2025, 06.03.2025 and 19.03.2025, refuting the said allegations. 4. While the matter stood thus, the respondents locked the premises and have prevented the petitioner from attending to her duties. In light of this, the present writ petition has been filed. 5. After the filing of the writ petition, the petitioner was also issued a Show-Cause Notice vide Show-Cause Notice.No.191- 4/W/A/2024-25, dated 04.04.2025, calling upon her to submit explanation regarding the allegations referred to therein. 6. Learned Assistant Government Pleader for Social Welfare appearing for the respondents, placed on record the written instructions from the 3rd respondent, stating that the petitioner was not attending her duties regularly and was not discharging the functions assigned to her. Several complaints were received regarding her performance, and she was warned by issuing a couple of memos. However, as she did not mend her ways, a Show-Cause Notice dated 04.04.2025 was issued, proposing disciplinary action, including removal from service. The enquiry is ongoing, and since the petitioner is not attending her duties, they have made temporary arrangements by assigning her duties to a nearby Anganwadi 4 CGR, J W.P.No.8943 of 2025 Centre. The respondents, therefore, pray for the dismissal of the writ petition. 7. It is not in dispute that the petitioner is working as an Anganwadi Worker and, based on certain allegations, she was initially issued a couple of memos warning her of removal from service. Now, with the Show-Cause Notice dated 04.04.2025, the respondents have initiated disciplinary proceedings concerning the charges stated therein. Since the enquiry is still ongoing, the petitioner cannot be prevented from attending her duties. 8. Considering the facts and circumstances of the case, this Court is of the opinion that, while the enquiry is ongoing, it would suffice to direct the respondents to complete the enquiry after receiving the explanation from the petitioner and providing her an opportunity of hearing in accordance with the law. Until the enquiry is completed, the petitioner shall be permitted to discharge her duties as an Anganwadi Worker at the Kolamadugu Anganwadi Centre, Kolamadugu Village, Shantipuram Mandal, Chittoor District. 9. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. 5 CGR, J W.P.No.8943 of 2025 As a sequel, miscellaneous petitions, pending if any, shall stand closed. ______________________________________ JUSTICE CHALLA GUNARANJAN 8th April 2025 cbn 6 CGR, J W.P.No.8943 of 2025 218 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No.8943 of 2025 8th April, 2025 cbn