WRIA/8058/2022 of MITHLESH KUMARI Vs STATE OF UP THRU. ITS SECY. DEPTT. OF BAL VIKAS SEVA AND PUSTAHAR LKO. AND 4 OTHERS on 25 November 2025

1. Heard learned counsel for petitioner and learned state counsel for opposite parties.

2. Petition has been filed challenging order dated 11th October 2022, whereby services of petitioner as an Anganwadi worker in the center concerned have been directed to be terminated on account of allegations levelled against her.

3. Learned counsel for petitioner submits that a bare perusal of the impugned order will make it evident that same has been passed in an ex parte manner without holding any proper inquiry as is required. It is submitted that petitioner has specifically stated in paragraphs 16 and 17 of the writ petition that no proper inquiry has taken place since no charge sheet or oral hearing was ever provided to petitioner. It is submitted that said assertion has not been denied in the counter-affidavit.

4. Learned state counsel has refuted submissions advanced by learned counsel for petitioner on the basis of counter-affidavit and submits that serious allegations of petitioner being in collusion with the fair price shop licensee have been made against petitioner and an investigation was conducted by District Magistrate on 3rd September 2022, whereafter it was discovered that no ration was distributed to the children of the Anganwadi centre but no such information was provided by petitioner, which clearly Versus Counsel for Petitioner(s) : Vyas Narayan Shukla, Abhilasha Pandey Counsel for Respondent(s) : C.S.C. Mithlesh Kumari .....Petitioner(s) State Of Up Thru. Its Secy. Deptt. Of Bal Vikas Seva And Pustahar Lko. And 4 Others .....Respondent(s)

indicated her collision with the licensee. It is also submitted that opportunity of hearing was in fact provided to petitioner as is evident from the impugned order itself.

5. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is evident that impugned order does not indicate issuance of any show cause notice or charge sheet to petitioner. The only aspect indicated is that petitioner was provided an oral opportunity of hearing in which she admitted the allegations levelled against her.

6. It is thus evident that no show cause notice or charge sheet was ever provided to petitioner nor was any inquiry proceedings held to establish the charges levelled against her. The entire order has been passed only taking the alleged admission of petitioner into account.

7. The procedure so followed in the impugned order is clearly in violation of the principles of natural justice and therefore the impugned order dated 11th October 2022 is hereby quashed by issuance of writ in the nature of Certiorari, granting liberty to opposite parties to pass order afresh order but only after adhering principles of natural justice by issuing a show cause notice or charge sheet to petitioner, providing at least 15 days time to petitioner to submit a reply and oral inquiry to be held with discussion regarding reply submitted by petitioner.

8. For the said purposes, the petitioner shall be re-instated in service.

9. Resultantly, the petition succeeds and is allowed. Parties to bear their own costs. November 25, 2025 prabhat WRIA No. 8058 of 2022 2 (Manish Mathur,J.) Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench