LUCY MARANDI Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) I have heard Mr. Din Dayal Saha, learned Counsel for the petitioner, who has submitted that the petitioner was appointed as Anganbari Sevika with effect from 26 June, 2007, which is at Annexure -1 to the memo of petition, thereafter, the petitioner had undergone training, successfully and the training certificate is also annexed at Annexure -2 to the memo of petition, thereafter, the petitioner has worked successfully for several months, for which, even salary has also been paid to the petitioner and the services of the petitioner have been terminated by respondent No. 5 vide order dated 22nd April, 2008 (Annexure -3 to the memo of petition) without giving any opportunity of being heard to the petitioner and without giving any notice to the petitioner. Looking to the impugned order, it appears that some inquiry was conducted, but, the petitioner was never given any notice by the inquiry officer nor the copy of the inquiry report was given to the petitioner. Likewise, the petitioner was not given the copy of the complaints. Thus, everything has gone ex -parte in this matter and the services of the petitioner have been terminated vide order dated 22nd April, 2008 in gross violation of principles of natural justice and, hence, the impugned order passed by respondent No. 5 dated 22nd April, 2008 at Annexure 3 to the memo of petition deserves to be quashed and set aside.

(2.) I have heard learned Counsel for the respondents, who has submitted that there were some complaints against the present petitioner and upon receiving complaints, inquiry was conducted and on the basis of inquiry, the services of the petitioner have been brought to an end by respondent No. 5 vide order dated 22nd April, 2008 at Annexure -3 to the memo of petition and, therefore, the petition deserves to be dismissed. 3. Having heard learned Counsels for both the sides and looking to the facts and circumstances of the case, I hereby quash and set aside the order passed by respondent No. 5 vide order dated 22nd April, 2008 at Annexure -3 to the memo of petition, mainly for the following facts and reasons:

(3.) As a cumulative effect of the aforesaid facts and reasons, I hereby quash and set aside the order passed, by respondent No. 5 dated 22nd April, 2008 at Annexure -3 to the memo of petition, reserving liberty with the respondents to initiate action, in accordance with law and at least after following the principles of natural justice.