- (1.) The present writ petition has been preferred against the termination of services of the Petitioner by Respondent No. 5 vide order dated 31st December, 2009, which is at annexure-2 to the memo of petition.
(2.) Having heard learned Counsel for both the sides and looking to the facts and circumstances of the case. (i) It appears that the present Petitioner was appointed as Anganwari Sevika of vlllage-Kautiya Bidra and thereafter, the Petitioner, has worked for more than one and half year and without giving any notice and without giving any opportunity of being heard, the services of the Petitioner have been brought to an end by Respondent No. 5 vide order at annexure-2 dated 31st December, 2008. Thus, there is gross violation of the principles of natural justice. (ii) It appears from the counter-affidavit that some inquiry was conducted by the concerned Respondent as per annexure-D to the counter-affidavit, filed by the Respondents. This contention is also not accepted by this Court mainly for the reason that looking to the order at annexure-2, it appears that no reasons have been assigned in the impugned order. The impugned order at annexure-2 is thoroughly a non-speaking order. No reason can be supplied by way of a counter-affidavit, otherwise all non-speaking orders will be converted into a valid and speaking orders at subsequent stages. It has been held be the Hon'ble Supreme Court in the case of Commissioner of Police, Bombay v. Gordhandas Bhanji, 1952 AIR(SC) 16, at paragraph No. 9, as under: 9. An attempt was made by referring to the Commissioner's affidavit to show that this was really an order of cancellation made by him and that the order was his order and not that of Government We are clear that public orders, publicly made, in exercise of a statutory authority cannot be construed in the light of explanations subsequently given by the officer making the order of what he meant, or of which was in his mind, or what he intended to do. Public orders made by public authorities are meant to have public effect and are intended to affect the actings and conduct of those to whom they are addressed and must be construed objectively with reference to the language used in the order itself In view of the aforesaid decision, subsequently supplied reasons in the counter-affidavit is of on help to Justify the impugned order, if the impugned order is a non-speaking one and that too without giving an opportunity of being heard to the Petitioner. (iii) Looking to the inquiry report given at annexure-D to the counter-affidavit, it appears that this so called and alleged inquiry is also an ex parte inquiry and without giving any notice and without giving any hearing to the Petitioner. The allegations were levelled by some unknown persons and without giving any notice of hearing, a conclusion has been arrived at by the Respondents that the allegations levelled against the Petitioner has been found proved. This is also in utter violation of the principles of natural justice, (iv) Even though the Respondents are relying upon a report, given by some authority, which is at annexure-D to the counter-affidavit, never a copy of such report has been supplied to the Petitioner. Whenever any document is relied upon by the Respondents, while terminating the services of an employee, copy of such document ought to have been supplied to the person, whose services are going to be terminated. In the facts of the present case, the so called report given at annexure-D to the counter-affidavit is being disclosed for the first time in the counter-affidavit by the State authorities. For no justifiable reason, this document has been kept as a secret document 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. 5 dated 31st December, 2009, which is at annexure-2 to the memo of petition. However, liberty is reserved with the Respondents to initiate actions against the Petitioner, if they are so choosing, after following due procedure established under law and after following the principles of natural justice.;