Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:34427 WP No. 5181 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 5181 OF 2025 (S-DIS) BETWEEN:
1.
SMT SHAKUNTHALA P W/O. CHIKKAMALLAIAH, AGED ABOUT 39 YEARS, R/AT. YELLAPURA, TUMKURU TALUK AND DISTRICT - 572101 WORKED AS ANGANAWADI WORKER MARIPALYA VILLAGE, NEGILALA HOBLI, KORATAGERE, TUMKAKURU DISTRICT - 572129. …PETITIONER (BY SRI. KIRAN KUMAR D K., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REP. BY IT’S DIRECTOR, DEPARTMENT OF WOMEN AND CHILD WELFARE DEVELOPMENT, VIDHANASODHA, DR. AMBEDKAR VEEDHI, BENGALURU 560001.
2.
THE DEPUTY DIRECTOR DEPARTMENT OF WOMEN AND CHILD WELFARE DEVELOPMENT, TUMAKURU DISTRICT, TUMAKURU 572101.
3.
THE CHILD DEVELOPMENT PROJECT OFFICER/C.D.P.O, O/O. CHILD DEVELOPMENT PROJECT OFFICE,
Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA
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HC-KAR NC: 2025:KHC:34427 WP No. 5181 of 2025
STRI SHAKTHI BHAVANA, KORATAGERE, TUMAKURU DISTRICT - 572129. …RESPONDENTS (BY SRI. VIKAS R, AGA FOR R1 TO R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED DISMISSAL
ORDER BEARING NO.UU.NI.TU/MA.MA.AA/ICD/ANKA/VAJA/2024-25/1447/466, DATED 19-12-2024 ISSUED BY 2ND RESPONDENT VIDE ANNEXURE-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
1. In this writ petition, the petitioner has called in question the dismissal order dated 19.12.2024 issued by respondent No.2 vide Annexure-A.
2. The petitioner was appointed as Anganawadi Worker in Mariplaya Anaganawadi Kendra, Negilala Post, Koratagere Taluk, Tumkuru District. While, she was in service, there were allegations against the petitioner that she was torturing the children, behaving rudely with children, public and officers and was not properly
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HC-KAR NC: 2025:KHC:34427 WP No. 5181 of 2025
supplying the food to the children. Notice has been issued to the petitioner on 11.03.2024, 20.03.2024, 15.04.2024, 03.06.2024, 06.07.2024, 08.07.2024, 29.10.2024, 04.11.2024 vide Annexures-E, F, G, H, J, J1, K and K1 respectively. The petitioner has submitted her reply to the notices. Without affording an opportunity of personal hearing, the impugned order dated 19.12.2024 at Annexure-A has been passed. Being aggrieved by the same, petitioner is before this Court.
3. The learned counsel appearing for petitioner has submitted that pursuant to the notices issued by the respondents, the petitioner has given a detailed reply denying all the allegations made against her. However, without giving any opportunity of personal hearing to the petitioner, the termination order has been passed. In support of his contention, he has relied upon the decision rendered by this Court in W.P.No.5738/2019 disposed of
25.02.2019. Hence, he sought for allowing that writ petition.
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HC-KAR NC: 2025:KHC:34427 WP No. 5181 of 2025
4. The learned AGA appearing for the respondents- State has submitted that the allegations made against the petitioner are serious in nature. The respondents have given notices to the petitioner and after considering the replies submitted by the petitioner, the impugned order has been passed.
5. Be that as it may. Pursuant to the notices issued by the respondents, the petitioner has submitted a detailed reply. In similar circumstances, this Court in W.P.No.5738/2019 disposed of on 25.02.2019 has held that after giving a show cause notice and after obtaining the reply, an opportunity has to be given to the petitioner and thereafter, the order has to be passed.
6. In view of the above, the petition is required to be allowed and impugned order is liable to be quashed. Accordingly, the following order is passed:
ORDER a) The writ petition is allowed.
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HC-KAR NC: 2025:KHC:34427 WP No. 5181 of 2025
b) The impugned order dated 19.12.2024 issued by respondent No.2 vide Annexure-A, is hereby quashed. c) From the stage of receiving the reply from the petitioner, the respondents are directed to give an opportunity of hearing to the petitioner and thereafter, shall pass appropriate orders in accordance with law, not later than two months from date of receipt of certified copy of this order.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
DM List No.: 1 Sl No.: 62