D.N. Patel, J. - (1.) THE present petition has been preferred by the petitioner mainly on the ground that though she was appointed as 'Aaganwari Sevika' at village - Tandbalidih (Annexure -1 to the memo of petition), her services have been terminated by respondent No. 3 vide order dated 19th December 2005, without giving any opportunity of being heard to the petitioner.
(2.) IT has been submitted by the Counsel appearing for the petitioner that neither any notice was given to the petitioner nor any legal enquiry has been held. It is further submitted by the Learned Counsel for the petitioner that some enquiry which is alleged to have taken place against the petitioner, as per Annexure -4, was concluded ex -parte and never a copy thereof was given to the petitioner, though such a report was relied upon while terminating the services of the petitioner. Thus, termination of the services of the petitioner is in gross violation of principles of natural justice. The petitioner has worked satisfactorily for more than one year and without giving any notice, the order of termination has been passed and therefore, the same deserves to be quashed and set aside. I have heard Learned Counsel for the respondents, who has submitted that on the basis of the enquiry conducted by Director, District Rural Development Authority, Jaridih, Bokaro, the services of the petitioner have been terminated vide order dated 19th December 2005 at Annexure -4 to the memo of petition and therefore, this writ petition deserves to be dismissed.
(3.) HAVING heard the Counsel for both sides and looking to the facts and circumstances of the case, I hereby quash and set aside the order passed by the respondent No. 3 dated 19th December 2005 at Annexure -4 to the memo of petition, mainly on the following facts and reasons: (i) The petitioner was appointed as 'Aaganwari Sevika' at village -Tandbalidih (Annexure -1 to the memo of petition). Thereafter the petitioner has worked honestly, sincerely, diligently and to the satisfaction of the respondents for more than twelve months. (ii) It appears that thereafter some ex -parte enquiry has been conducted by the Director, District Rural Development Authority, Jaridih, Bokaro, who must have submitted some report to respondent No. 3 and on the basis of the said report, the services of the petitioner might have been terminated. Admittedly, a copy of the report, which was submitted by the Director, District Rural Development Authority, Jaridih, Bokaro, though relied upon, respondent No. 3 while terminating the services of the petitioner, has never been given or supplied to the petitioner, which tantamounts the violation of principles of natural justice. (iii) It further appears from the facts of the case that admittedly before termination of the services of the petitioner, respondent No. 3 has neither given any notice to the petitioner nor any opportunity of being heard was given to the petitioner. Had an opportunity been given to the petitioner, the petitioner would have pointed out before respondent No. 3 that there is no illegality in her selection and appointment as 'Aaganwai Sevika'.;