Court No. - 38 Case :- WRIT - A No. - 41306 of 2010 Petitioner :- Smt. Ram Rati Soni Respondent :- State Of U.P. And Others Petitioner Counsel :- Vinod Kumar Pandey Respondent Counsel :- C. S. C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
Petitioner, who was working on the post of Anganwari Karykarti on a contract
basis. An inspection was made by the competent authority and engagement
has been terminated. According to the petitioner, only on the basis of
statement made in the inquiry of the villagers, the order impugned has been
passed. No proper opportunity has been provided to the petitioner.
On the other hand, learned Standing Counsel has submitted that earlier
inquiry was made by the Additional District Magistrate and petitioner was
found absent and has also been found that the food is not being distributed
properly. A show cause notice was given to the petitioner and warning was
issued. But in spite of the warning issued from time to time, petitioner has not
improved her functioning. In such circumstances, learned Standing Counsel
submits that petitioner is not entitled for any relief.
I have considered the submissions of the learned counsel for the petitioner and
learned Standing Counsel. From record, it appears that petitioner was given a
show cause notice regarding improvement of her working and a last
opportunity was given with a clear indication that such mistake will not be
committed again.
In spite of the aforesaid fact, petitioner has not improved in her working
Therefore, in my opinion, the authorities were justified to pass the order after
verification. Admittedly appointment of the petitioner is on a contract basis.
No service rules are applicable and she has no protection under Article 311 of
the Constitution of India, therefore, if some order has been passed after
issuance of show cause notice and after consideration of reply, in my opinion,
it cannot be said that it is an illegal order.
Writ petition is devoid on merit and hereby dismissed.
It is however, open to the petitioner to approach the District Magistrate for her
grievance.
Order Date :- 20.7.2010
Pr/-