The State Of Madhya Pradesh vs Smt Seema Dubey
2023 Latest Caselaw 1167 MP

                                                            1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                  BEFORE
                           HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                     &
                              HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
                                              ON THE 19 th OF JANUARY, 2023
                                               WRIT APPEAL No. 376 of 2019

                          BETWEEN:-
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                PRINCIPAL SECRETARY TO THE GOVERNMENT
                                OF M.P. , DEPARTMENT OF WOMEN AND CHILD
                                DEVELOPMENT,       VALLABH      BHAWAN,
                                MANTRALAYA, BHOPAL (MADHYA PRADESH)

                          2.    PROJECT    OFFICER,   INTEGRATED   CHILD
                                DEVELOPMENT       SCHEME (ICDS), TARANA,
                                DISTRICT UJJAIN (MADHYA PRADESH)

                                                                                        .....APPELLANTS
                          ( SHRI AAKASH SHARMA- GOVERNMENT ADVOCATE)

                          AND
                          SMT SEEMA DUBEY W/O SHRI JITENDRA DUBEY, AGED
                          ABOUT 45 YEARS, CHAWADI CHOWK, MAKRON TEHSIL
                          TARAN, DISTRICT UJJAIN (MADHYA PRADESH)

                                                                                       .....RESPONDENT


                                T h is appeal coming on for order this day, JUSTICE SUSHRUT
                          ARVIND DHARMADHIKARI passed the following:
                                                             ORDER

Heard on IA No.1076/2019, an application for condonation of delay. For the reasons, stated in the application, the same is allowed. The delay of 65 days bis hereby condoned.

Also heard on the question of admission and interim relief. Signature Not Verified Signed by: VARSHA DUBEY Signing time: 1/20/2023 6:00:00 PM

This writ appeal under Section 2(1) of the Madhya Pradesh Uccha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 has been filed being aggrieved by the order dated 26.09.2018 passed by learned Single Judge in Writ Petition No.4906 of 2018.

The respondent before this Court had filed a writ petition being aggrieved by the order of termination dated 07.02.2018 passed by the Project Officer, Integrated Child Development Scheme. The respondent was appointed as Anganwadi Worker on 16.01.2008. A Show cause notice was issued to the respondent on 23.01.2018 alleging that she is not residing at the headquarters and she was directed to file a reply. The respondent submitted her reply on

29.01.2018 stating that she is very much residing at the headquarters, however, she often used to visit Ujjain to avail the medical treatment. The appellant/State without holding any inquiry and by a single stroke of pen, have terminated her service without considering the documents submitted by her i.e. domicile certificate, voter ID, treatment papers, surprise inspection report and other documents which establishes that she is residing at the headquarters.

The learned Single Judge, relying on the judgment of this Court in the case of Kansa Vs. State of MP and others, 2015 (4) MPLJ 151, allowed the writ petition and set aside the order of termination on the ground that no enquiry with the participation of the respondent had taken place and there was a categorical denial on the part of the respondent about the allegation levelled against her. The learned Single Judge also directed the appellants to pay all consequential benefits including backwages within a period of 90 days as also reinstatement forthwith.

Learned counsel for the appellant submitted that the learned Single Judge

Signature Not Verified erred in allowing the writ petition inasmuch as without considering the fact that Signed by: VARSHA DUBEY Signing time: 1/20/2023 6:00:00 PM

the respondent herein was residing at Ujjain instead of the place where she was posted which is utter violation of the circular in that case issued by the State Government from time to time. Therefore, the order passed by learned Single Judge deserves to be set aside In the case of Kansa (supra) by a common order, about 84 workers were terminated. Similar issue came up and this Court was pleased to set aside the order of termination on the ground of violation of principles of natural justice. In the present case as well the appellants have not followed the prescribed procedure, therefore, the learned Single Judge relying on the judgment of Kansa (Supra), has rightly allowed the writ petition.

In view of the aforesaid, this Court finds no reason to interfere with the order of learned Single Judge, accordingly, this writ appeal is hereby dismissed.

                               (S. A. DHARMADHIKARI)                      (PRAKASH CHANDRA GUPTA)
                                        JUDGE                                      JUDGE
                          VD




Signature Not Verified
Signed by: VARSHA DUBEY
Signing time: 1/20/2023
6:00:00 PM