D.N. Patel, J. - (1.) MR . Chandra Shekhar Pandey, learned Counsel appearing for the petitioner submitted that the petitioner was appointed as Anganbari Sevika with effect from 16/18 June, 2007. Thereafter, the petitioner was working honestly, sincerely, diligently and to the satisfaction of the respondents and without giving any notice and without giving any opportunity of being heard to the petitioner, the services of the petitioner have been brought to an end vide order dated 26 December, 2008 at Annexure -5, passed by respondent No. 5. Thus, there is gross violation of principles of natural justice, before terminating the services of the petitioner. It is further submitted by the learned Counsel appearing for the petitioner that looking to the impugned order, the document upon which the reliance is placed by the respondents have never been submitted or never have been given to the present petitioner and therefore also, there is gross violation of principles of natural justice and hence, the impugned order deserves to be quashed and set aside. Had an opportunity been given to the petitioner, the petitioner would have been pointed out that there is no illegality in her appointment as Anganbari Sevika.
(2.) I have heard learned Counsel for the respondents, who has submitted that the petitioner's appointment was illegal and therefore, a report was called for and on the basis of the report, decisions have been taken at Annexure -3 and Annexure -5 to terminate the services of the present petitioner and the petitioner cannot be allowed to take advantage of the illegality in her appointment. Having heard learned Counsel for the 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. 8 at Annexure -3 as well as order, passed by respondent No. 5 at Annexure -5, so far it affects the present petitioner, for the following facts and reasons: (i) It appears that the petitioner was appointed on 16/18 June, 2007 and thereafter, the petitioner was working honestly, sincerely, diligently and to the satisfaction of the respondents. (ii) It appears that thereafter, for several months, he served and salary was also paid to the petitioner by the respondents and abruptly, without giving any notice, the services of the petitioner have been brought brought to an end vide orders at Annexure -3 as well as at Annexure -5, passed by respondent No. 8 and respondent No. 5, respectively. Thus, there is gross violation of principles of natural justice. (iii) Looking to the impugned order, it appears that some report was relied upon by the respondents for termination of the services of the present petitioner. While granting the said report, the petitioner was heard or not, is not clear. It appears that the copy of the report has also never been supplied to the petitioner. The document upon which reliance was placed by the respondents have not been supplied and unilaterally, decision has been taken without giving any notice and without giving any opportunity of being heard to the petitioner, hence, there is a gross violation of principles of natural justice. (iv) Before taking away anybody's accrued right or interest, at least opportunity of being heard should have been given by the respondents.
(3.) AS a cumulative effect of the aforesaid facts and reasons, I hereby quash and set aside the order, passed by respondent No. 8 at Annexure -3 dated 27 December, 2008 as well as the order, passed by respondent No. 5 at Annexure -5 dated 26 December, 2008, so far it affects the present petitioner. However, liberty is reserved with the respondents to take any action, in accordance with law.;