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SCA/16533/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 16533 of 2010
=========================================================
MAKWANA
LAXMIBEN VALABHAI - Petitioner(s)
Versus
STATE
OF GUJARAT - THROUGH SECRETARY & 5 - Respondent(s)
=========================================================
Appearance
:
MR
SN BAROT for
Petitioner(s) : 1,
MR.MAULIK G. NANAVATI, ASST. GOVERNMENT PLEADER
for Respondent(s): 1,
NOTICE SERVED for Respondent(s) : 2, 4,
6,
NOTICE SERVED BY DS for Respondent(s) : 2,4 - 6.
MR HS
MUNSHAW for Respondent(s) :
3,
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 04/05/2011
ORAL
ORDER
1. This
petition, under Article 226 of the Constitution of India, has been
filed, with the following prayers :-
“A) YOUR
LORDSHIPS be pleased to admit and allow the present petition of the
petitioner.
B)
YOUR LORDSHIPS be pleased to issue appropriate writ of mandamus,
certiorari, prohibition, or any other suitable writ, order or
direction which the Hon’ble Court may deem fit and directed the
respondent no.1 to 6 to take back present petitioner in service at
the post from which present petitioner terminated i.e. “ANGANVADI
KENDRA JALSAN-15(GATE SEAM)”.
C)
YOUR LORDSHIPS be pleased to issue appropriate writ of mandamus,
certiorari, prohibition, or any other suitable writ, order or
direction which the Hon’ble Court may deem fit and be pleased to
quashed and set aside the termination letter dated: 23/11/2010 at
ANNEXURE:A.
D) Pending
hearing and till the final disposal of the present petition YOUR
LORDSHIPS be pleased to stay the operation, execution and
implementation of the recruitment proceeding initiated by way of
public advertisement dated: 14 / 12 /2010 at ANNEXURE:H COLLY qua the
post of present petitioner i.e. “ANGANVADI KENDRA
JALSAN-15(GATE SEAM)”.
E) Pending
hearing and till the final disposal of the present petition YOUR
LORDSHIP be pleased to direct the respondent authority to consider
the representation of present petitioner dated:9/12/2010 at
ANNEXURE:G.
F) Any
other relief’s, which is deemed fit and proper by YOUR LORDSHIP may
pleased be granted in the interest of justice and cost of this
petition may please be quantified suitable and be paid to the
petitioner;”
2. The
petitioner is Anganwadi Karyakar and has been appointed as such on
05.06.1991. By impugned order dated 20.11.2010, the petitioner has
been removed from the post of Anganwadi Karyakar pursuant to a
surprise inspection that took place on 04.09.2010.
3. The
main grievance of the petitioner, as voiced in the present petition,
is that the impugned order has been passed without affording her an
opportunity of hearing and also that the said order is not a reasoned
one.
4. When
the matter is taken up for hearing today, Mr. H.S. Munshaw, learned
advocate for respondent No.3 states, upon instructions from Ms.
Avantika Singh, District Development Officer, Anand that the
competent authority will issue a notice to the petitioner and the
petitioner shall be afforded an opportunity of personal hearing and
of filing a reply to the show-cause notice. After hearing the
petitioner and considering the reply, a fresh order shall be passed,
in accordance with law.
5. In
view of the above statement being made by the learned advocate for
respondent No.3 and as there is no dispute to the fact that no
hearing has been given to the petitioner before passing the impugned
order, the said order dated 20.11.2010, passed by respondent No.3, is
quashed and set aside. The petitioner shall make herself available
for the personal hearing and cooperate in the proceedings and
respondent No.3 shall intimate the petitioner regarding the order,
when passed.
It
is clarified that the impugned order has been quashed and set aside
on the ground that it has been passed without affording the
petitioner an opportunity of hearing and other grounds have not been
gone into.
6. The
petition is disposed of, in the above terms. Notice is discharged.
(Smt. Abhilasha Kumari, J.)
Safir*
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