Neutral Citation No. - 2025:AHC:137704 Court No. - 4 Case :- WRIT - A No. - 11661 of 2025 Petitioner :- Smt. Sudha Shukla Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Devendra Pratap Singh,Dinesh Bahadur Singh,P.K. Singh Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard Sri R.K. Singh, learned counsel for the petitioner and learned Standing Counsel for the State. 2. By means of this petition filed under Article 226 of Constitution of India, petitioner has assailed the order dated 04.07.2025 whereby services of the petitioner as anganbadi worker has come to be dispensed with upon certain charges. 3. Learned counsel for the petitioner submits that the petitioner was not given any show cause notice and was merely asked to appear before the District Magistrate on 01.07.2025 whereas the District Program Officer is the appointing authority as well as the disciplinary authority and, therefore, the appropriate show cause notice ought to have been given by the said officer only, offering an opportunity to the petitioner to furnish her explanation. It is contended that the District Magistrate is approving authority and appearance of the petitioner before the District Magistrate is of no relevance and consequence in the event District Program Officer has already made up his mind to terminate the services of the petitioner on certain charges which have remained uncontested. 4. Per contra, learned Standing Counsel sought to defend the order on the ground that the petitioner had been offered opportunity on 01.07.2025 on which date petitioner did appear and submitted her explanation. 5. Having heard learned counsel for the respective parties and having perused the records I find that the order impugned dated 04.07.2025 has been passed on certain serious charges regarding dereliction in discharge of duties and negligence at the end of the petitioner. However, the order is absolutely silent as to whether the petitioner at any point of time was issued with the show cause notice in terms of the Government Order, offering her opportunity to explain her conduct qua the charges. In so far as the submission advanced by learned Standing Counsel that the petitioner had the opportunity to appear before the District Magistrate and she did appear and submitted her explanation is concerned I do not find any discussion in the order impugned about the petitioner's appearance and submission made by her before the District Magistrate as nothing of the sort has been discussed in the order impugned. 6. In view of the above, it is clearly established that the petitioner was not issued with show cause notice prior to taking action against the petitioner in the matter. In my considered view, the District Program Officer, Kanpur Nagar is an appointing authority and then it is a duty and obligation cast upon the District Program Officer to have issued show cause notice upon the petitioner in the first instance. 7. In view of the above therefore, the procedure adopted by the District Program Officer concerned to dispense with the services of the petitioner appears to be absolutely flawed one and accordingly, the order impugned terminating the services of the petitioner cannot be sustained in law. 8. At this stage, learned Standing Counsel submits that the petitioner can be given another opportunity to show cause. 9. In view of the above, this Court considers it appropriate to quash the order dated 04.07.2025 with direction to the District Program Officer, Kanpur Nagar to issue show cause notice to the petitioner within four weeks from today and the petitioner shall be submitting reply to the same within the next four weeks' time. Thereafter only any action shall be taken in the matter of show cause notice. 10. With these directions and observations this petition stands disposed of. In the circumstances the order dated 04.07.2025 terminating the services of the petitioner stands quashed. Petitioner shall be reinstanted and shall be permitted to discharge her duties and shall be paid regular remuneration accordingly. 11. It is made clear that, if any remuneration has remained unpaid to the petitioner, the same shall be paid to her prior to the issuance of show cause notice to the petitioner. 12. Learned Standing Counsel is directed to intimate this order to District Program Officer, Kanpur Nagar through District Magistrate concerned within three days. 13. Petitioner shall be filing a certified copy of this order before the District Program officer concerned within a weeks' time. Order Date :- 13.8.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad