STATE OF M.P. Vs. NIRMALA RAWAT

JUDGEMENT

(1.) That vide order dtd. 11/03/2001 the petitioner was appointed on the post of Anganwadi Worker in Anganwadi Centre, Sala (Rajukhedi), Tehsil - Manawar, District- Dhar upon recommendation of a duly constituted Selection Committee. A show-cause notice dtd. 22/09/2017, was issued to the petitioner calling upon her to submit an explanation over the general allegation of not residing at the headquarters, and absenteeism on the dates of inspection, within a period of three days from the date of receipt of the show-cause notice. As the petitioner was suffering from viral fever, therefore, she was on leave w.e.f. 24/09/2017 to 28/09/2017, and thereafter, she was declared fit by the registered Medical Practitioner w.e.f. 29/09/2017, therefore, on the same day i.e.29/09/2017, she submitted her reply denying the allegations made in the show-cause notice. However, without holding any enquiry as contemplated under circular dtd. 10/07/2007, respondent no. 3 passed the order dtd. 27/09/2017.

(2.) Being aggrieved by that order, the petitioner filed a writ petition before this Court i.e. W.P no. 22351/2017, which was dismissed vide order dtd. 19/12/2017 with the direction to the petitioner to prefer an appeal against that order. In pursuance of the directions issued by this Court, the petitioner preferred an appeal, however, the said appeal was also dismissed by the Appellate Authority vide order dtd. 14/08/2018. Being aggrieved by that order, the petitioner has filed the writ petition before this Court.

(3.) The appellants/respondents filed the reply in the writ petition stating that the petitioner is not a government employee she was appointed on honorarium hence the service rules which apply to the government employees does not apply to the petitioners and has rightly been terminated under the clause 4-D of the appointment order and the guidelines of the circular dtd. 10/7/2007. The petitioner was given a show cause notice and she submitted a reply thereafter, which was not found satisfactory the services of the petitioner were terminated.