Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 186413 (ALL)

SMT. KUSMA v. STATE OF U.P. THRU. PRIN. SECY. PANCHAYATI RAJ DEPTT. LKO. AND 4 OTHERS

/13462/2025 · 2025-11-20

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13462 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner and learned State Counsel for opposite parties. 2. Petition has been filed challenging order dated 16.10.2025 whereby petitioner who was working on the post of Anganbadi Worker has been terminated from service on the allegation of concealment of material facts in obtaining employment. 3. Learned counsel for petitioner submits a bare perusal of impugned order will make it evident that it has been passed on the basis of a report dated 09.04.2025 which was submitted in pursuance of a complaint made against petitioner with the allegation that petitioner's family is financially strong enough so that preference was not required to be given to her. 4. It is submitted that it has been specifically stated in paragraph 22 of the writ petition that the said inquiry report was never provided to the petitioner and that the order impugned clearly indicates violation of principles of natural Versus Counsel for Petitioner(s) : Dharmesh Kumar Dwivedi, Ramesh Kumar Srivastava Counsel for Respondent(s) : C.S.C. Smt. Kusma .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Panchayati Raj Deptt. Lko. And 4 Others .....Respondent(s) justice. 5. Learned State Counsel has refuted submissions advanced by learned counsel for petitioner with the submission that the impugned order clearly indicates that petitioner was granted an opportunity of hearing on 12.06.2025 whereafter only the impugned order has been passed. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, particularly the impugned order, it is quite evident that the same has been passed completely on the basis of report dated 09.04.2025. Although the order indicates an opportunity of hearing being provided to petitioner on 12.06.2025, her defence has been rejected only on the ground that it was not found satisfactory. No reasons for the authority to be dissatisfied with the defence of petitioner have been indicated. 7. Ex facie, the order impugned has been passed without affording opportunity of hearing to petitioner. 8. In such circumstances, the order dated 16.10.2025 is hereby quashed by issuance of a writ in the nature of Certiorari granting liberty to opposite parties to pass orders afresh but only after issuing a show-notice to petitioner and providing all the relevant documents to her. Opportunity for defence/ reply shall be given to petitioner with reasonable time frame and the same shall be considered by the authority concerned while passing final orders. 9. For the said purpose, petitioner shall be WRIA No. 13462 of 2025 2 reinstated in service. 10.Resultantly, the petition succeeds and is allowed at the admission stage itself. Parties to bear their own costs. November 20, 2025 Subodh/- WRIA No. 13462 of 2025 3 (Manish Mathur,J.) Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench