Smt Kanku Gawad vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-IND:7095
1 WP-6323-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE

BEFORE
HON'BLE SHRI JUSTICE JAI KUMAR PILLAI
th
ON THE 16 OF MARCH, 2026
WRIT PETITION No. 6323 of 2026
SMT KANKU GAWAD
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ramkrishna Shastri - Advocate for the petitioner.
Shri Kushagra Singh (Dy. GA) appearing on behalf of Advocate
General/respondents/State.
ORDER
The petitioner has filed the present petition under Article 226 of
Constitution of India being aggrieved by (i) the order dated 01/07/2025
passed by the Project Officer, ICDP, Dhar (Gramin), District — Dhar, (ii)
order dated 29/08/2025 passed by the Collector, Dhar and (iii) order dated
13/01/2026 passed by the Commissioner, Indore Division, Indore.
02. Facts of the case in short are as under :-
The petitioner was appointed to the post of Anganwadi Worker vide
order dated 07/07/2023. The petitioner was served with a show-cause notice
dated 14/05/2025 alleging that she is not discharging her duties and has
offered her resignation. The petitioner submitted a reply refuting the
allegation made against her. In respect of her absence from duties, she
submitted that applications before the Collector under Jansunwai regarding
Signature Not Verified
Signed by: JAGADISHAN
AIYER
Signing time: 17-03-2026
17:34:35

NEUTRAL CITATION NO. 2026:MPHC-IND:7095
2 WP-6323-2026
the problem and difficulties being faced at the Anganwadi Centre, due to

which mala fide intention show-cause notice was issued to the petitioner and
explained about her absence. She also denied about her resignation. Vide
order dated 01/07/2025, the Project Officer has passed the order of
termination. The petitioner preferred an appeal before the Additional
Collector, which was dismissed without assigning any reason. Thereafter,
petitioner preferred second appeal which was also dismissed by the
impugned order dated 13/01/2026. Hence, the petitioner has preferred this
writ petition on the ground that she has been removed from the service
without conducting any enquiry which is in gross violation of principle of
natural justice.
2.2. It is further submitted circular / guidelines governing the selection
and terms and conditions of service of Anganwadi Worker specifically
provide that there should be an enquiry before passing the order of
termination / removal if charges are serious in nature. Only on the basis of
some complaint made by the Supervisor, a show-cause notice was issued and
after obtaining the reply, order of punishment was passed. It is further
submitted the petitioner was appointed in the year 2023 and for 3 years, she
discharged her duties with utmost satisfaction of Superior Officer. Hence,
impugned orders are liable to be set aside.
2.3. The respondents filed the reply in support of impugned orders and
prayed for dismissal of the writ petition.
03. Undisputedly, the petitioner was appointed as Anganwadi
Worker and she was served with a show-cause notice alleging that
Signature Not Verified
Signed by: JAGADISHAN
AIYER
Signing time: 17-03-2026
17:34:35

NEUTRAL CITATION NO. 2026:MPHC-IND:7095
3 WP-6323-2026
Supervisor has made a complaint that she is absent from duties. The

respondents have illegally terminated the petitioner from service with mala
fide intention and owing to the fact that the petitioner submitted an
application under Jansunwai before the Collector.
04. She specifically denied that no resignation was submitted by her.
Even otherwise, it is unsigned resignation and the same was not liable to be
entertained. In the show-cause notice, allegation is that she is absent from
service after sending message in What'sup and proceeded on leave without
prior permission, except this charge the earlier instances of her absence from
the duties have been considered for which no show-cause notice was given to
the petitioner, therefore, she had occasion to refute all these allegations. Both
the Appellate Authorities have not considered this anomaly on the part of
Project Officer and mechanically dismissed appeals. Even otherwise, the
petitioner had served 3 years of service as Anganwadi Worker.
05. Even otherwise, in Circular dated 10.07.2007 under which the
petitioner was appointed, provides for only one punishment i.e. dismissal
from service. Clause 3 of the said circular specifically provides for issuance
of show-cause notice on the basis of “serious complaints” against the
Anganwadi Worker and Assistant, the Project Officer shall examine the
enquiry report before passing the order of removal or termination.
Anganwadi Worker is liable to be continued in service up to the age of 60
years, therefore, in a span of more than 3 years of service, there should be a
provision of imposition of minor and other major punishment. All the
Anganwadi Workers and Assistants are women from the rural background.
Signature Not Verified
Signed by: JAGADISHAN
AIYER
Signing time: 17-03-2026
17:34:35

NEUTRAL CITATION NO. 2026:MPHC-IND:7095
4 WP-6323-2026
After getting an appointment, this becomes their source of earnings and gives

them independent status in the society, therefore, as per Clause 3, their
services are not liable to be terminated only on the basis of minor
misconduct. Absence from duties is not a serious complaint or misconduct
on which punishment of removal from service is liable to be passed. Hence,
the impugned orders dated 01/07/2025, 29/08/2025 and 13/01/2026 are
hereby set-aside. The petitioner be reinstated in service forthwith without
back wages.
06. With the aforesaid, Writ Petition stands allowed.
(JAI KUMAR PILLAI)
JUDGE
Aiyer

Signature Not Verified
Signed by: JAGADISHAN
AIYER
Signing time: 17-03-2026
17:34:35