Extracted from the PDF above. The PDF is authoritative.
\ / IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 1519 OF 2019 Between: Kavuri Sudha Rani, W/o. Anandakumar, Age 25 years, Occ Formerly Anganwadi Worker, Rio. H. No. 6-50, Thugadamvaripalli, H/o. Podalakunttapalli, Somala Mandal, Chittoor District. / ...PETITIONER(S) AND
1. The State of Andhra Pradesh, Rep by its Secretary, Women Development and Child Welfare Department, Secretariat, Velagapudi, Amaravati, Krishna District. 2. The District Collector, Chittoor District. 3. The Project Director, District Women and Child Development Agency. Chittoor. 4. Child Development Project Officer, ICDS Project, Chowdepalli, Chittoor District. ...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 declaring the Proc. No.1516/A3/2018 dt. 19-01- 2019 issued by Respondent No.3 terminating the Petitioner as arbitrary, illegal, violative of principles of natural justice and consequently set aside the same with all consequential benefits such as continuity of service, payment of wages. lA NO: 1 OF 2019 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 to grant interim suspension of the Proc. No. 1516/A3/2018 dated 19-01-2019 issued by Respondent No.3 to continue the Petitioner Anganwadi worker pending disposal of the Writ Petition. X as lA NO: 2 OF 2019 Between:
1. The State of Andhra Pradesh, Rep by its Secretary, Women Development and Child Welfare Department, Secretariat, Velagapudi, Amaravati, Krishna District. 2. The District Collector, Chittoor District. 3. The Project Director, District Women and Child Development Aqencv Chittoor. 4. Child Development Project Officer, ICDS Project, Chowdepalli, Chittoor District. X ...PETITIONERS/RESPONDENTS AND Kavuri Sudha Rani, W/o. Anandakumar, Age 25 years, Occ Formerly Anganwadi Worker, Rio. H. No. 6-50,
“ Podalakunttapalli, Somala Mandal, Chittoor District. Thugadamvaripalli, H/o. ...RESPONDENTS/PETITIONERS 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 to vacate the interim order passed in I.A.No.1 of 2019 in W.P.No. 1519 of 2019 dt 16.03.2019 in the interest of justice.
X Counsel for the Petitioner : SRI C. M. R. VELU Counsel for the Respondent Nos.1, 3 & 4 : GP FOR WOMEN DEVELOPMENT & CHILD WELFARE Counsel for the Respondent No.2 : GP FOR REVENUE The Court made the following: ORDER
% APHC010032152019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 1519 of 2019 Between: Kavuri Sudha Rani, ...PETITIONER AND ...RESPONDENT(S) The State Of AP and Others Counsel for the Petitioner:
l.CM RVELU Counsel for the Respondent(S):
l.GP FOR REVENUE (AP) 2.GP FOR WOMEN DEV CHILD WELFARE(AP) The Court made the following:
ORDER: This Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India to issue a Writ of Mandamusto declare the Proc.No.l516/A3/2018, dated 19.01.2019 issued by respondent No.3 terminating the Petitioner as arbitrary, illegal and violative of Principles of natural justice and consequently, set aside the same with all consequential benefits such as continuity of service and payment of wages. 2. Brief facts of the case: Petitioner is an Anganwadi Worker working at i) Thungadamvaripalli Anganwadi Centre, ICDS Project, Chowdepalli, Somala Mandal, Chittor District since
1992. One Smt.T.Janaki joined as Aya in
2 2017 in the same centre, where the Petitioner is working and she hails from the same village. ii) Since the said Smt.T.Janaki, is the native of the village, she instigated the villagers to revolt against the Petitioner and signatures of the villagers and obtained gave complaint on 01.12.2018 to respondent No.4 against the Petitioner on the ground that she distributing the essentials to the is not women and children in the village. iii) On 04.12.2018, respondent No.4 inspected the village, checked the stock and found that 10 packets of dates Smt.T.Janaki along with villagers came there and were excess. By the time. gave a complaint against the Petitioner and submitted that as if the petitioner tendered resignation letter signed by the villagers. The signature of the Petitioner is in Telugu but the Petitioner never signs in Telugu and she signs in English, iv) Respondent No.4 submitted a report dated 06.12.2018 to the respondent No.3. Basing on the same, respondent No.3 issued the show- cause notice dated 11,12.2018 referring the note orders of respondent No.4. Petitioner through her counsel requested to submit the copy of the said note orders to enable her to submit her explanation. Petitioner through her counsel preferred appeal dated 19.01.2019 under Right to Information Act. Respondent No.3 furnished information on 24.01.2019. V) By impugned Proceedings dated 19.01.2019, the respondent No.3 terminated the Petitioner from service with immediate effect. 3 % vi) The case of the Petitioner is that the respondent authorities without conducting any enquiry, without furnishing the material document to enable her to submit her explanation to the show cause notice issued by the respondent No.3 arbitrarily terminated her without hearing her, which is in violation of the principles of natural justice.
Questioning the same, the present Writ Petition is filed by the Petitioner, vii) In this Writ Petition, this Court by an interim
order dated 06.03.2019 in lA No.l of 2019 suspended the proceedings dated 19.01.2019 issued by the Respondent No.3 and directed him to continue the Petitioner as Anganwadi Worker, pending disposal of the Writ Petition.
3. A counter affidavit has been filed by the Child Development Project Officer, ICDS Project, Chowdepalli on behalf of the respondent No.4. i) The record shows that basing on the complaint given by the villagers dated 28.11.2018 and 04.12.2018, respondent No.3/Project Director has conducted an enquiry, wherein it is proved that the Petitioner has committed certain irregularities in supply of SNP to AWC and she has not discharged her duties as per the chart. A show cause notice dated 11.12.2018 was issued to the Petitioner to submit her explanation within seven days. Despite service of the show cause notice, she did not submit her explanation, ii) After approval of the District Selection Committee and after following due process of law, the termination order is passed.
4 If Ml) As alleged by the Petitioner, it is not a forcible resignation which was created by the respondent authorities, submitted her resignation to the authorities, writ petition and is liable to be dismissed.
4. Heard Sri CMR Velu, learned Sri Vaka Ramakrishna, learned Assistant Government Women Development and Child Welfare Department, on record. The Petitioner voluntarily There are no merits in the counsel for the Petitioner and Pleader representing Perused the material
5.
Learned counsel for the Petitioner Respondent No.3 issued would submit that the a show notice to the Petitioner. Further, the Petitioner sought for certain information under Right to Information Act to submit her explanation to the show cause notice, which was not furnished to her by the respondent authorities. Learned counsel further submits that the alleged resignation letter of the Petitioner iIS a fake and created document, which the petitioner has Without considering the genuineness of the authorities arbitrary terminated the petitioner into no knowledge about the same. resignation letter, respondent service. Learned counsel would submit that the Petitioner never submitted such resignation and the signature of the villagers are present on the resignation letter, which itself would speak about the genuineness of the said letter. As can be seen from the resignation letter, the signature of the Petitioner is in Telugu, wherein, the Petitioner never signs in Telugu and she always signs in English. Learned counsel would further submit that without furnishing
5 information under Right to Information Act, terminating the Petitioner from service vide impugned letter dated 19.01.2019 issued by respondent No.3, is a clear case of violation of principles of natural justice.
6. On the other hand, learned Assistant Government Pleader for Women and Child Welfare, on instructions, would submit that in pursuance of the interim order passed by this Court on 06.03.2019 in lA No.l of 2019, vide order dated 30.11.2019, Petitioner was reinstated into service and she has been working as such since then.
Learned counsel would submit that the Court may pass appropriate orders.
7. Considering the submissions made and a perusal of the material on record, there is no dispute about the fact that in spite of receiving the letter from the Petitioner under Right to Information Act to furnish certain information to enable her to submit her explanation to the show cause notice, she was terminated from service without furnishing such information. Further, the record would show that the allegations made against her are to the effect that the respondent authorities found 1253 kgs. of rice; 522 kgs. of toor dal; 151 liters of Oil Packets; 57 packets (500 grams each ) of channa in the house of the Petitioner.
8. Be that as it may, the fact remains that the termination order issued by respondent No.3 in clear violation of principles of natural I was justice.
6
09. Accordingly, the Writ Petition by this Court on 06.03.2019 i
" respondent authorities is allowed. Interim Order passed in lA No.l of 2019 is made absolute and the are directed to continue the Petitioner in the service. However, this order does not preclude the respondent authorities to take appropriate action against the Petitioner according to the governing rules and law in the light of serious allegations made against her. No order as to costs. Pending applications, if any, shall stand closed //TRUE COPY// Sd/- K J RAJA assistant SECTI GISTRAR OFFICER To, Development and Child Welfare Department Pradesh, Secretariat, Velagapudi, Amaravati, Krishna
2. The District Collector, Chittoor District. Chfttoo?^^* Director, District Women and Child Development Agency. ChfttSr DisfriS"'^'^®''^ ^^o'^depalli,
5. One CC to Sri C. M. R. Velu, Advocate [OPUC] ^ '^on^eri Development & Child Welfare of Andhra Pradesh. [OUT]
7. Two CCs to GP for Revenue, High Court of Andhra Pradesh.
8. Three C.D. Copies. / High Court [OUT] Cnr
9 HIGH COURT DATED:05/03/2025
ORDER WP.No.1519 of 2019 I 18 SEP 2025 ^ Current Section . ni ALLOWING THE W.P.
WITHOUT COSTS