MEERA KOLI Vs. STATE OF MP

JUDGEMENT

(1.) THE appellant, who is working on the post of aanganwadi Worker and whose services were dismissed, has filed this Writ appeal under section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand nyay Peeth Ko Appeal) Adhiniyam, 2005, being aggrieved by the order of dismissal of writ petition passed by learned Single Judge in Writ Petition (S) No. 1595/2004 on 7-4-2006.

(2.) THE brief facts of the case are that the appellant is permanent resident of village Chhirwaha and she was duly appointed on the post of Aanganwadi worker in the year 2000 after following due procedure. It was the case of the appellant that she successfully completed the training period and after the appointment she was duly discharging her duties to the satisfaction of the higher authorities and there was no complaint against her. By order dated 12-7-2004 passed by respondent No. 2-Project Officer, Integrated Child Development scheme, the services of the appellant were terminated from the post of aanganwadi Worker on the basis of recommendations of the Gram Panchayat.

(3.) IT was the case of the appellant that the procedure for removal has been prescribed by the State Government. Earlier the policy instructions were issued on 29-10-1996 (Annexure P/3) and now by another order dated 2-3-2002, the new policy instruction has been issued, which is Annexure-R/1. It was also the case of the appellant that before terminating her services, no opportunity of hearing was granted to her. The resolution was passed by the Gram Panchayat on 16-4-2007 and it was approved by the Gram Sabha by another resolution dated 1-7-2004. It was also disputed that the resolution dated 1-7-2004 was passed by sarpanch as in the resolution it has not been mentioned that who were the members present in the meeting while passing the resolution. It was further argued that the Project Officer was not authorised under the Panchayat Act and since the resolution passed by Gram Sabha was not appealable under the panchayat Act, directly writ petition was filed by the petitioner challenging her termination order dated 12-7-2004.