APHC010673742022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY ,THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 39976/2022 Between: G Padma (setti) ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. KRISHNA RAO M Counsel for the Respondent(S): 1. GP FOR WOMEN DEV CHILD WELFARE 2. GP FOR SCHOOL EDUCATION The Court made the following: ORDER:- Heard Sri Krishna Rao M, learned counsel for the petitioner, and learned Government Pleader for Women Development and Child Welfare. 2. The writ petition is filed challenging the proceedings of termination of the petitioner from service. The petitioner was appointed as an Anganwadi worker on 23.09.1998, in Nelliparthi Village, Amadalavalasa Mandal, Srikakulam District. 3. In 2021, the respondents issued a show cause notice, requiring the petitioner to explain within three days as to why she should not be 2 removed from her service. The notice stated that a complaint had been filed against the petitioner, alleging that while performing her duties as an Anganwadi worker in Nelliparthi Village, she was canvassing for a political party in Assembly Elections. It was further alleged that, despite being posted in Nelliparthi Village, the petitioner was not residing in the village and was instead living in Amadalavalasa Mandal, commuting daily. It was further observed in the show cause notice that the petitioner was also issued memos earlier, and the petitioner did not submit her explanation within time. Therefore, vide the show cause notice, the petitioner was asked to show cause as to why disciplinary action should not be taken against her. 4. It is contended that the petitioner submitted her explanation to the show cause notice on 10.12.2021. The respondents, without referring to the proceedings of the show cause notice and the explanation of the petitioner without conducting any enquiry into the allegations, passed the impugned order of removal from service. 5. It is argued that before passing the impugned order, the petitioner was issued memos making accusations, and she submitted her explanation to memos. However, the respondents, passed the removal order without referring to the show cause notice or considering the petitioner’s explanation, and without conducting any inquiry into the allegations. 6. Perused the record. Considered the rival submissions. As observed from the impugned order, the respondents did not refer to the petitioner’s explanation dated 10.12.2021 to the show cause notice dated 3 19.11.2021. To the show cause notice, the petitioner had stated that during the relevant period when she was alleged to have canvassed for a political party, she was attending election duty, and so far as the allegation with regard to her residence, she has stated that she has been residing in Nelliparthi Village along with her family. None of the explanations were considered by the respondents on the pretext that the petitioner did not submit the explanation within time. 7. The impugned order is also bereft of reasons. The impugned order was passed without conducting any enquiry into the allegations made against the petitioner or without arriving at a finding if the petitioner was negligent in the discharge of official duties and if there was any misconduct on the part of the petitioner, passed the order impugned, in gross violation of principles of natural justice. 8. Having regard to the same, this Court is of the view that the order impugned is not sustainable, accordingly, the same is set aside. 9. Accordingly, the writ petition is allowed. The respondents are directed to reinstate the petitioner into service within a period of two (2) months from the date of the receipt of the order. There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand closed. ____________________________________ JUSTICE KIRANMAYEE MANDAVA Date:04.04.2025 ANI 4 260 THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION No.39976 of 2022 Date:04.04.2025 ANI