IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA# (Special Original Jurisdiction) FRIDAY ,THE NINTH DAY OR MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 13105 OF 2025 Between: Jadda Jhansi, W/o Seshiah, Aged 34yrs, Occ- Anganwadi Helper(Terminated), R/o Kotta Harijanawada, Graddagunta Anganwadi Center, Allur, Allur Mandal, SPSR Nellore District, 524315. Andhra Pradesh- ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary Development Child Welfare And Disabled Secretariat, Velagapudi, Amaravathi. 2. The Director, Women Development, and Child Welfare Guntur, Guntur District,. Andhra Pradesh. 3. The District Collector and Chairman , District selection Committee for AWWS, A WHs/DW and CDA, SPSR Nellore District, Women Welfare Department, Department, Andhra Pradesh, and Empowerment Officer, Women and Child Welfare Development, SPSR Nellore District, Andhra Pradesh. 4. The District Women and Child Welfare s , > * :5. The Integrated Child Development Project feffeuchireddypalem) Project, Kavali ' -I Pradefh. Officer, ICDS SPSR Nellore District, Andhra * 11^ ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to call for the records pertaining to impugned proceedings No. 5/2025 of the 5*^ Respondent dated 26.4.2025 in terminating the services of the petitioner as Anganwadi Helper without furnishing the enquiry report which was done behind the back of the petitioner and without hearing the petitioner and without considering the as illegal, of India set aside the same and petitioner explanations dated 8.11.2024 and 17.12.2024 arbitrary and violative of Articles 14, 19 and 21 of the Constitution and contrary to the principles of natural justice and further direct the respondents to reinstate the consequential and attendant benefits by continuing the petitioner position. petitioner into service with all in her lA NO: 1 OF 20?.*; Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to suspend the operation of impugned proceedings No. 5/2025 of the 5**^ Respondent dated 26.4.2025 pending disposal of the writ petition. Counsel for the Petitioner: SRI K VENKATA RAO Counsel for the Respondents: GP FOR WOMEN & CHILD WELFARE DEPARTMENT The Court made the following: ■ . 1 "0 i APHC010248262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 13105/2025 Between: ...PETITIONER Jadda Jhansi AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.K VENKATA RAO Counsel for the Respondent(S): 1.GP FOR SERVICES II 'I 2 The Court made the following: ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “...to issue an^ appropriate Writ or Order or direction more particularly one in the nature of Writ of Mandamus to call for the records pertaining to impugned proceedings No. 5/2025 of the 5th Respondent dated 26.4.2025 in terminating the services of the petitioner as Anganwadi Helper without furnishing the enquiry report which was done behind the back of the petitioner and without hearing the petitioner and without considering the petitioner explanations dated 8.11.2024 and 17.12.2024 as illegal arbitrary and violative of Articles 14 19 and 21 of the Constitution of India and contrary to the principles of natural justice and set aside the same and further direct the respondents to reinstate the petitioner into service with all consequential and attendant benefits by continuing the petitioner in her position and to pass such other order or orders...." Heard Sri K.Venkata Rao, learned counsel for the petitioner and learned Assistant Government Pleader for Women and Child Development appearing for the respondents. 2. 3. Petitioner has been appointed as Anganwadi Helper by proceedings dated 06.11.2020 which is in pursuance to the notification for direct recruitment dated 14.08.2020 and the eligibility criteria for being appointed as Anganwadi worker is that one should Pass in 10‘*^ class. Petitioner stated to have submitted certificate in evidence of such qualification. Based on complaint that the aforesaid certificate produced by petitioner to be fake and not genuine, a show cause notice came to be issued on 02.11.2024 followed by another show cause notice on 02.12.2024 to which, petitioner submitted detailed explanation refuting the allegation. Respondent No.5 has conducted enquiry. Based on report dated 11.11.2024 s 3 m issued by CDPO, ICDS and also on enquiry report dated 03.01.2025 issued by District Education Officer, placing reliance on the same, it has been concluded that petitioner has indulged in submission of fake certificate and accordingly by proceedings dated 26.04.2025 issued by respondent No.5, petitioner came to be removed from the services. 4. Learned counsel for the petitioner submits that respondent No.5, having called for report dated 11.11.2024 and 03.01.2025 and considered the same for coming to a decision that petitioner has produced fake certificate, the least expected is to furnish aforesaid reports enabling petitioner to refute the findings recorded in such reports, by not doing so, passing impugned termination proceedings is clearly in violation of principles of natural Justice. He placed reliance on the order passed by this Court in W.P.No.9401 of 2025. 5. Learned Assistant Government Pleader appearing for respondents placed on record written instructions dated 07.05.2025 stating that based on the report submitted by the District Education Officer, they have concluded that certificate produced by the petitioner to be fake and therefore the impugned proceedings has been passed removing the petitioner from service. However, they had not denied the aspect of the non-furnishing of reports dated 11.11.2024 and 03.01.2025. Perused the record and considered the rival submissions. 7. The only point for consideration in the present writ petition is whether respondent No.5 could have proceeded with the enquiry and concluded the without furnishing reports dated 11.11.2024 and 03.01.2025 when the relied on for coming to just decision of removing the petitioner from When the aforesaid reports were relied on, respondent No.5 ought to have 6. same same were service. / furnished the same and called upon petitioner to submit explanation with regard to the findings recorded therein. Unless the same is done, respondent No.5 could not have relied on the same. As the impugned proceedings solely proceed on the basis of aforesaid reports, which were not furnished to petitioner, it is in clear violation of principles of natural justice, therefore, the writ petition succeed. This Court considering similar issue in W.P.No.9401 of 2025, has set aside similar order. In view of the reasons recorded above, the writ petition is allowed by setting aside the impugned proceedings dated 26.04.2025 passed by respondent No.5 and the matter is remanded back for de nova enquiry, with a direction to respondent No.5 to furnish copies of reports dated 11.11.2024 and 03.01.2025 to the petitioner within a period of one (01) week from the date of receipt of of this order and petitioner to submit further explanation within a period of two (02) weeks thereafter, and after providing opportunity of hearing to petitioner, respondent No.5 shall pass appropriate speaking orders within a period of four (04) weeks thereafter, in accordance with law. It is needless to say that petitioner shall be allowed to continue to discharge duties subject to final orders be passed. 9. Accordingly, the Writ Petition stands allowed. There shall be no order as to costs. should 8. a copy As a sequel, miscellaneous applications, pending if any, shall stand closed. SD/- G HELA NAIDU ASSISTANT^GISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary State of Andhra Pradesh, Women Development Child Welfare And Disabled Welfare Department, Secretariat, Velagapudi, Amaravathi. 2. The Director, Women Development, and Child Welfare Department Guntur, Guntur District,. Andhra Pradesh. 3. The District Collector and Chairman , District selection Committee for AWWS, A WHs/DW and CDA, SPSR Nellore District, Andhra Pradesh. 4. The District Women and Child Welfare and Empowerment Officer, Women and Child Welfare Development, SPSR Nellore District, Andhra Pradesh. 5. The Integrated Child Development Project (Buchireddypalem) Project, Kavali, SPSR Nellore Officer, ICDS District, Andhra Pradesh. 6. One CC to Sri K Venkata Rao, Advocate [OPUC] 7. Two CCs to GP for Women and Child Welfare Department. High Court Of Andhra Pradesh. [OUT] 8. Three CD Copies sree - 1 HIGH COURT DATED:09/05/2025 ORDER WP.No.13105 of 2025 o( I 3 AUG 2025 «) ALLOWING THE W.P. WITHOUT COSTS