Karnataka High Court
Smt Devamma vs Deputy Director on 26 June, 2023
Bench: Alok Aradhe, Anant Ramanath Hegde
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NC: 2023:KHC:21943-DB
WA No.1335 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JUNE, 2023
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
WRIT APPEAL NO.1335 OF 2021 (S-DIS)
BETWEEN:
1. SMT. DEVAMMA
W/O B.S. RAJAPPA
Digitally
signed by AGED ABOUT 59 YEARS
RUPA V R/AT MUSANDIHAL VILLAGE
Location: GODABANALA POST, CHITRADURGA TALUK
High Court CHITRADURGA DISTRICT - 577555.
of Karnataka ...APPELLANT
(BY SRI. GURUMURTHY M, ADV.,)
AND:
1. DEPUTY DIRECTOR
DEPARTMENT OF WOMEN AND CHILDREN
DEVELOPMENT
ZILLA BALABHAVAN AREA
NEAR STADIUM, CHITRADURGA - 577501.
2. CHILD DEVELOPMENT PLANNING OFFICER
DEPT. OF WOMEN AND CHILDREN DEVELOPMENT
ZILLA PANCHAYAT, BALABHAVAN AREA
NEAR ONAKEOBAVVA STADIUM, CHITRADURGA
CHITRADURGA DISTRICT 577501.
3. SRI. SIDDALINGAPPA M C
S/O CHANNABASAPPA
AGED ABOUT 68 YEARS
RESIDING AT MUSANDIHAL VILLAGE
GODABANHAL POST, CHITRADURGA
CHITRADURGA DISTRICT 577555.
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WA No.1335 of 2021
4. SRI. G. KANTARJU (GOWDRA)
S/O REVANSIDDAPPA
AGED ABOUT 53 YEARS
R/AT MUSANDIHAL VILLAGE
GODABANAHAL POST, CHITRADURGA
CHITRADURGA DISTRICT 577555.
5. SRI. BAIRAPPA M.B.
S/O BAJJI BASAPPA
AGED ABOUT 73 YEARS
R/AT MUSANDIHAL VILLAGE
GODABANAHAL POST, CHITRADURGA
CHITRADURGA DISTRICT 577555.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT
AND ORDER DATED 19.07.2021 PASSED BY THE LEARNED
SINGLE JUDGE IN W.P. NO.53182/2018 AND ALLOW THE WRIT
PETITION FILED BY THE APPELLANT IN ENTIRETY IN THE
INTEREST OF JUSTICE. PASS SUCH OTHER ORDERS AS THIS
HON BLE COURT DEEMS FIT AND PROPER.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
This intra Court appeal under Section 4 of the
Karnataka High Court Act, 1961, has been filed by the
appellant against an order dated 19.07.2021 passed by
the learned Single Judge by which the writ petition
preferred by the appellant challenging the order dated
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WA No.1335 of 2021
16.12.2015 by which her services were terminated from
the post of Anganawadi Assistant, has been dismissed.
2. Facts giving rise to filing of this appeal briefly
stated are that the appellant was appointed on 09.04.1996
as an Anganawadi Assistant in Musandihal Village,
Godabanahal Post, Chitradurga District. It appears that
some complaints were made against appellant with regard
to her behaviour. Thereafter, memorandum dated
31.12.2014 was issued to the appellant by which she was
warned about her conduct. Thereafter, a show cause
notice dated 26.02.2015 was issued to the appellant for
remaining unauthorisedly absent from her duties. The
appellant neither supplied any reply to the aforesaid notice
nor even after a lapse of eight months she attended her
duties and remained unauthorisedly absent. Thereafter, a
final notice dated 16.10.2015 was issued. The appellant
neither responded to the aforesaid final notice nor
returned for duties. Thereupon, by an order dated
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WA No.1335 of 2021
16.12.2015, the services of the appellant were terminated.
The appellant challenged the aforesaid order in a writ
petition before the learned Single Judge who by an order
dated 19.07.2021, has dismissed the writ petition.
3. The learned Single Judge, from the conduct of the
appellant in not responding to the notices and in remaining
continuously unauthorisedly absent for a period of more
than eight months without any intimation, has rightly
concluded that the appellant had voluntarily abandoned
her services. Therefore, we do not find any ground to
differ with the view taken by the learned Single Judge.
In the result, the appeal fails and is hereby
dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
RV
