Judgment · Supreme Court

IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABAD925 WRIT PETITION NO. 14437 OF 2025INDIRA RAMSING PADVIVERSUSTHE STATE OF MAHARASHTRA AND OTHERS...Mr. N.L. Chaudhari, Advocate for petitionerMr. A.M. Phule, AGP for respondent No.1...CORAM :SMT. VIBHA KANKANWADI &HITEN S. VENEGAVKAR, JJ.DATE:06th JANUARY, 2026ORDER :.Present petition has been filed to challenge the order dated28.02.2024 passed by respondent No.2 in Anganwadi Appeal No.1/2024,thereby the said appeal filed by petitioner came to be rejected. 2Heard learned Advocate for petitioner and learned AGP forrespondent No.1. No necessity to issue notice to respondent Nos.2 and 3. 3The petitioner states that she is resident of village JambhipaniPost Wadfali, Tq. Akkalkuwa, Dist. Nandurbar. She came to be appointed as 2925_WP_14437_2025Anganwadi Sevika in June, 2005. Since her appointment till 2012 she wasworking at Jambhipani, Tq. Akkalkuwa, Dist. Nandurbar. According to her, one Premlata Kisan Walvi had forged the petitioner’s signature and madeapplication for transfer on 27.03.2012. After getting knowledge, petitionerhad made complaint to respondent No.3. Thereafter, there was harassmentby said Premlata and other persons, even her house was set to fire. Herfamily members were harassed and abused. Those accused persons wereconvicted by the trial Court by Judgment and order dated 17.04.2019.Petitioner thereafter states that the rival persons had made a false complaintagainst her and Superintendent by keeping grudge, issued show cause noticeto petitioner on 01.09.2022 about her absence. According to petitioner, thatshow cause notice was never served upon her, but then respondent No.2 hadterminated her services by order dated 04.12.2023 holding that petitionerwas absent from her service without any reason. The petitioner had thenpreferred appeal to respondent No.2, however, that has also been rejected. Hence, this petition. 4Perusal of the papers would show that there appears to be somedispute between the petitioner and her family and said Premlata or KisanIrma Walwi and others. But when it comes to the service, the petitionershould remain present. The absence of petitioner is from 01.09.2022 till the 3925_WP_14437_2025show cause notice that was given. Now, it is stated by petitioner that she hadnot received the show cause notice. But, then except the statement there isnothing. She has not even given reply to the show cause notice and therebygave explanation for her absence. In her appeal, she has given thoseincidences regarding harassment to her by said Premlata and Kisan Walvi etc. According to her, there was threat to her life and because of those incidencesshe had not reported to the duty. As aforesaid, taking into consideration theabsence period which is more than one year from the service and there is noevidence produced to show that at any point of time the petitioner hadcommunicated her difficulties in attending the service to her superior, herabsence cannot be justified. Though there were some incidences ofharassment as it appears prima facie that cannot be considered as a goodground for absence of petitioner from her duty for more than one yearwithout assigning any reason and, therefore, we do not find that any error orany illegality is committed by respondent Nos.2 and 3. There is no merit inthe petition. The Writ Petition stands dismissed. ( HITEN S. VENEGAVKAR, J. )( SMT. VIBHA KANKANWADI, J. )agd