SAROJ SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) BY means of the instant writ petition the petitioner prays for issuance of a writ in the nature of certiorari thereby quashing the impugned order dated 26.06.2014 passed by District Programme Officer, District Balrampur (opposite party no.4) and further prays for issuance of a writ in the nature of mandamus commanding the opposite parties not to give effect to the impugned order and allow her to work on the post in question.

(2.) IT is submitted by learned counsel for petitioner that petitioner was appointed on the post of Aganbadi Karyakatri in Village Deoria Adam, Vikas Khand -Rehra Bazar, District Balrampur vide order dated 26.09.2001, in pursuance thereof she submitted her joining on 28.09.2001 and started work with full satisfaction of the authority concerned without any complaint. It is further submitted by learned counsel for petitioner that on the information of one Sri Anil Kumar Srivastava (devar of petitioner), who being jealous with the petitioner, published a news item in daily newspaper "Hindustan" dated 10.06.2014, with respect to certain irregularities at the Anganwadi Center in question, where the petitioner was working, on the basis thereof the services of the petitioner have been terminated vide impugned order dated 26.06.2014 by the opposite parties without issuing any show cause notice or giving her any opportunity of hearing, which is illegal, arbitrary and in violation of principles of natural justice. It is also a submission of learned counsel for petitioner that the petitioner is helpless and poor lady and is facing financial crisis. Anyhow, she earned bread and butter for her and her family members, but the same was snatched by the opposite party no.4 without application of mind on the basis of wrong information, published in the daily newspaper dated 10.06.2014. Feeling aggrieved against the action of the opposite parties, the petitioner approached this Court by filing the instant writ petition challenging the validity of the impugned order on various grounds.

(3.) SRI Badrul Hasan, learned Additional Chief Standing counsel while opposing the writ petition submitted that petitioner was appointed as Anganbadi Karyakatri on honorarium basis in District Balrampur vide order dated 26.092001. He further submits that a news item with title "Garibon Ka Basera Banker Reh Gaya Hai Anganbadi Kendra" has been published in daily newspaper "Hindustan" dated 10.06.2014, upon which a team of two Mukhya Sevikas was constituted to conduct an enquiry into the matter and after enquiry on 13.06.2014, the enquiry report dated 25.06.2014 has been submitted by which it reveals that the labours were residing in the Anganwadi Center of petitioner and when records were asked from the petitioner the same were not provided to them by saying that the same had been lost. Thereafter a notice was served upon the petitioner but she refused to accept the same. Anganwadi Center of the petitioner was again inspected by the District Programme Officer, on 25.06.2014, then it was found locked and the material of the labours was kept outside the Center and petitioner was absent. In view of the above, honorarium based services of the petitioner were discontinued, in accordance with rules.