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2025 DAILYLAW 190215 (ALL)

SMT. SHEELA DEVI v. STATE OF U.P. THRU. SECY. BAL VIKAS PUSHTAHAR GOVT. LKO. AND 5 OTHERS

/14203/2025 · 2025-12-09

Manish Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 14203 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard Mr. Anoop Vajpayee, learned counsel for petitioner and learned State Counsel appearing on behalf of the opposite parties. 2. Present petition under Article 226 of Constitution of India has been filed challenging order dated 15.11.2025 whereby petitioner who was employed as Anganwadi Worker has been terminated from service. 3. It has been submitted by learned counsel for petitioner that petitioner was engaged in service as an Anganwadi Worker in year 1996 and has continuously discharged her functions to the fullest satisfaction of authorities concerned but on a complaint dated 23.08.2024, proceedings were initiated against her resulting in termination order on ground that the educational certificates submitted by petitioner at the time of entry into service were forged. 4. It is submitted that a perusal of impugned order will make it evident that no opportunity of hearing has been provided to petitioner nor has she been given an opportunity to confront the report which was submitted against her. 5. Learned State Counsel has been provided written instructions dated 08.12.2025, a copy of which is taken on record and as per which, it is submitted that when a complaint was received against petitioner, due verification from educational institutions was done and Versus Counsel for Petitioner(s) : Anoop Vajpayee, Atul Kumar Yadav Counsel for Respondent(s) : C.S.C. Smt. Sheela Devi .....Petitioner(s) State Of U.P. Thru. Secy. Bal Vikas Pushtahar Govt. Lko. And 5 Others .....Respondent(s) a report was submitted substantiating the allegations levelled against petitioner that educational certificates submitted by her at the time of entry into service were forged. It is also submitted that an opportunity of hearing was also granted to petitioner as indicated in impugned order and therefore, it cannot be said that the order has been passed in violation of principles of natural justice. 6. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, the facts as indicated herein above are admitted that petitioner was employed as an Anganwadi Worker in year 1996 and has as on date completed almost 30 years of service. It appears that a complaint was made against petitioner on 23.08.2024 and proceedings ensued in pursuance of said complaint. 7. A perusal of impugned order will make it evident that it has placed reliance on report submitted by competent authority but it does not appear that petitioner was ever confronted with aforesaid report or provided any opportunity to disprove the same. It also appears that no oral enquiry was held to corroborate the allegations levelled against petitioner. 8. In view of aforesaid, violations of principle of natural justice are clearly made out due to which impugned order dated 15.11.2025 is hereby quashed by issuance of a writ in the nature of Certiorari granting liberty to opposite parties to conduct an enquiry afresh but only after issuing a show cause notice to petitioner against which fifteen days' time shall be provided to petitioner to reply and the proceedings shall be conducted in accordance with principles of natural justice after affording opportunity of hearing to petitioner and providing her reasonable opportunity to disprove the reports which have been submitted against her. The proceedings shall be concluded expeditiously. Since petitioner has already rendered almost 30 years of service, she shall be reinstated in service for purposes of conduct of aforesaid enquiry. Her continuance in service shall be subject to final orders passed. WRIA No. 14203 of 2025 2 9. Resultantly, the petition succeeds and is allowed at the admission stage itself. Parties to bear their own costs. December 9, 2025 kvg/- WRIA No. 14203 of 2025 3 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench