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Neutral Citation No. - 2025:AHC:134438 Court No. - 4 Case :- WRIT - A No. - 11332 of 2025 Petitioner :- Smt. Neeraj Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashish Srivastava Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
1. Heard Sri Ashish Srivastava, learned counsel for the petitioner and learned Standing Counsel for the State respondents. 2. By means of this petition filed under Article 226 of the Constitution, petitioner has assailed the order dated 29th May, 2025, whereby her appointment as Anganwadi worker dated 29th March, 2025 has come to be cancelled on the ground that her income certificate was subsequently cancelled by the competent authority. 3. It is argued by learned counsel for the petitioner that before passing the order of cancellation of appointment order of petitioner no notice much less a show cause notice was issued to him. 4. Learned Standing Counsel though sought to defend the order dated 29th May, 2025 but could not demonstrate from the recitals contained in the order as to whether petitioner was ever served with notice prior to passing of order dated 29th March,
2025. 5. I am of considered view that once petitioner came to be appointed as Anganwadi worker and was entitled to remuneration meant in respect thereof, any cancellation of the appointment order naturally resulted in adverse civil consequences. 6. The law is well settled that if an order passed by an authority has adverse civil consequences then such person against whom an order of this nature has been passed must issued with a notice in the first instance to enable him to offer his explanation against proposed action. 7. In view of the above, the order dated 29th May, 2025 cannot be sustained in law for want of compliance of principles of
natural justice. 8. Accordingly, the order dated 29th May, 2025 cancelling the appointment of the petitioner as Anganwadi worker is hereby quashed. 9. Petitioner is directed to treat the order as a notice and file his reply before the District Programme Officer, Bareilly within a period of four weeks from today and soon after the reply of the petitioner is received, the District Programme Officer, Bareilly shall proceed to pass an order afresh within a further period of six weeks. 10.
As a consequence to the order dated 29th May, 2025 being quashed by this Court, petitioner shall be reinstated as Anganwadi worker and shall be paid her remuneration, however, her continuance in office shall abide by the final decision to be taken by the authority as directed herein above. Order Date :- 8.8.2025 Atmesh Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad