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2009 DIGILAW 1089 (JHR)

Radha Devi v. State of Jharkhand

2009-08-06

SUSHIL HARKAULI

body2009
Order I have heard both sides. 2. I have perused the supplementary counter-affidavit also. 3. The petitioner worked as 'Anganbari Sevika' for more than 22 years when her service was terminated in 2008 by the impugned order. There does not appear to be any clear cut reason spelt out either in the impugned order or in the counter affidavit for such drastic action of termination and more importantly the only reason, as shown in the impugned order, is her absence from duty for 5 to 6 days without giving any information to the respondents. 4. Even assuming this allegation to be correct, it would be definitely require a show-cause notice spelling out the allegation and consideration of the petitioner's reply before passing a reasoned order of termination. 5. In the supplementary counter-affidavit, it is conceded by the respondents that no opportunity of hearing or show cause notice was given before passing of the order of termination. 6. In the circumstances, the termination cannot be sustained. This writ petition is allowed and termination order is set aside. The petitioner will be reinstated. 7. However, it will be open to the respondents to issue a proper show-cause notice and pass appropriate reasoned order after considering the explanation of the petitioner, but keeping in mind that punishment imposed must not be totally disproportionate to the misconduct.