A.K. Yog, J. - (1.) Petitioner Smt. Anita Bhandari wife of Yudhbir Singh Bhandari filed this writ petition under Article 226 of the Constitution of India praying for quashing the impugned order dated September 9, 1997 (Annexure-2 to the writ petition) whereby the concerned Pariyojna Adhikari, Bal Vikash Chinyalisaur, Uttar Kashi terminated the services of the petitioner as Angan Bari. Worker appointed at village Jibya, Uttar Kashi, on the recommendation of Kshetriya Mukhya Sevika and on the direction of the District Magistrate communicated by the Programme Officer, Uttar Kashi by letter dated September 8, 1997. In paragraphs 6 and 7 of the writ petition, it has been categorically mentioned that the petitioner was not given any opportunity before passing the impugned order. Petitioner had filed a representation dated October 6, 1997 before the District Magistrate (Annexure-5 to the writ petition). Several persons of the village and members of the concerned Gram Sabha Jibya also filed representation supporting the case of the petitioner dated September 8, 1997 (Annexure-4 to the writ petition).
(2.) The averments made in paragraphs 6 and 7 of the writ petition to the effect that the petitioner was not given any opportunity have not been disputed or denied by the respondents in paragraphs 13 and 14 of the counter affidavit. On the contrary, it is alleged that thorough enquiry was conducted and the petitioner was negligent.
(3.) In view of the averments contained in the counter affidavit it is clear that departmental enquiry was held against the petitioner but she was not given any opportunity before passing the impugned order disclosing the decision of terminating the services of the petitioner has not been taken by the concerned competent authority i.e., Pariyojana Adhikari, Bal Vikash Chinyalisaur, Uttar Kashi in as much as he has passed the impugned order on the direction of the higher authorities. The documents filed along with the counter affidavit also show that an: enquiry was held. These documents further show that the petitioner was not given opportunity to meet the charges levelled against her at any relevant stage. It has also come on the record that the petitioner had contested the election of Pradhan and this had led to party politics and that she was victimised due to that party politics in the village. Alongwith the rejoinder affidavit a letter dated July 22, 1998 has been filed which was written by the District Magistrate, Uttar Kashi to the Zila Programme Officer, Uttar Kashi (Annexure-1 to the rejoinder affidavit). Actually this letter was written by the incharge on behalf of the District Magistrate mentioning that the petitioner removed from the Anganbari Kendra due to party politics in the village though the work of the petitioner was good. This averment has been made on the basis of an enquiry held by the Enquiry Officer (Tahsildar/UP Ziladhilkari Dunda).;