KHIRALATA MOHANTA Vs. COLLECTOR

JUDGEMENT

(1.) HEARD Mr. J. R. Dash, learned counsel for the petitioner and Mr. S. K. Das, learned Addl.Govt. Advocate for the State.

(2.) THE case of the petitioner in this writ application is that she was appointed as an Anganwadi worker by virtue of an appointment letter dated 19.4.88 in Karadapala Anganwadi Centre and while continuing as such, and discharging her lawful duty to the satisfaction of the authority, the CD.P.O. i.e. opp.party No.3 by order dated 24.6.98. (Annexure -1) terminated her services. It is alleged that the aforesaid order of termination (Annexure -1) is in violation of the principles of natural justice as no opportunity of hearing was given to the petitioner even though the order of termination was passed on allegation of misappropriation. According to the petitioner, it is the President and Secretary of the Mahila Mandal of the Village, who were involved in misappropriation and mismanagement of different grants made available to the Mahila Mandal and as she had brought the said illegal activities of the Mahila Mandal to the notice of the higher authorities, she has been victimized.

(3.) ACCORDING to the learned counsel for the State since the petitioner Smt. Khiralata Mahanta was, present in the meeting where decision for her disengagement was taken, no further notice was required to be issued to her. But, according to the learned counsel for the petitioner, she had put her signature on the said resolution as she was present in the said meeting, but fact remains that no notice was issued to her to explain the allegations made against her. From Annexure -D/3 it appears that the petitioner had withdrawn Rs. 16,000/ - from the Pass Book of the Mahila Mandal and utilized the same as loan to certain persons without the knowledge of the Members of the Mahila Mandal and out of the said amount, she had repaid Rs. 12,000/ - and has undertaken to repay the balance Rs. 4,000/ - It is true that the allegations made against the petitioner are very serious in nature, but for the reason of seriousness in allegation, the principle of natural justice cannot be over -looked.