Smt Manisha Sharma vs The State Of Madhya Pradesh

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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
rd
ON THE 23 OF OCTOBER, 2026
WRIT PETITION No. 43420 of 2026
CNR No.: MPHC030290852026
SMT MANISHA SHARMA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Jetendra Mishra - Advocate for the petitioner.
Shri Ravindra Dixit - GA for the respondents/State.
ORDER
1. The petitioner has filed the present petition challenging the order
dated 23.10.2024, whereby the appellate authority dismissed her appeal and
affirmed the order dated 07.08.2024 passed by the Project Officer, Integrated
Child Development Project, Bhitarwar, District Gwalior, terminating her
services as an Anganwadi Helper.
2. The case of the petitioner is that the petitioner was appointed as an
Anganwadi Helper at Anganwadi Centre, Ward Nos. 6 and 10, Antari, under
the Integrated Child Development Project, Bhitarwar, District Gwalior, by
order dated 12.06.2007. According to the petitioner, she had been performing
her duties regularly and sincerely since her appointment. She contended that
she had rendered approximately 17 years of service and had never committed
any misconduct warranting termination of her services. It appears from the
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record that, on 27.06.2024, an incident occurred at the Anganwadi Centre

involving the petitioner and the Circle Supervisor, Ms. Bhavana Pathak. It
was alleged that the petitioner obstructed the Supervisor in the discharge of
her official duties, asked her to leave the Centre and attempted to hit her with
a slipper. It was further alleged that the petitioner had been negligent in the
performance of her duties, had failed to maintain proper cleanliness at the
Centre and had not maintained an appropriate environment for the
beneficiaries. A show-cause notice dated 28.06.2024 was issued to the
petitioner. She submitted her reply denying the allegations and stating that
she had been performing her duties regularly for the past 17 years. She also
submitted that she had never behaved disrespectfully towards any senior
officer and expressed regret if her conduct had caused any hurt or
inconvenience to the Supervisor. After considering the petitioner's reply and
granting her an opportunity of personal hearing on 29.07.2024, the Project
Officer passed the order dated 07.08.2024 terminating her services. The
order was passed after obtaining approval from the Sub-Divisional Officer,
Bhitarwar. Aggrieved by the termination order, the petitioner preferred an
appeal before the appellate authority. By order dated 23.10.2024, the
appellate authority dismissed the appeal and upheld the termination order,
holding that the allegations against the petitioner were supported by video
evidence and that she had failed to produce any cogent material to disprove
the allegations. Being aggrieved by the aforesaid appellate order, the
petitioner has approached this Court.
3. Learned counsel for the petitioner submits that the impugned orders
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are illegal, arbitrary and contrary to the principles of natural justice. It is

contended that the petitioner was appointed in accordance with the
prescribed procedure on 12.06.2007 and had continuously performed her
duties for approximately 17 years. During this period, she had discharged her
responsibilities sincerely and had not committed any act that could justify the
termination of her services. Learned counsel further submits that the
petitioner submitted a reply to the show-cause notice, specifically denying
the allegations levelled against her. However, the authorities failed to
properly consider her explanation and passed the termination order without
adequately appreciating the facts and circumstances of the case. It is also
submitted that the petitioner never intentionally misbehaved with the
Supervisor or obstructed the discharge of her official duties. Her long and
satisfactory service ought to have been taken into consideration before
passing the extreme order of termination. It is, therefore, prayed that the
impugned orders be set aside and the petitioner be reinstated in service with
consequential benefits.
4. Learned counsel appearing for the respondents supports the
impugned orders and submits that the petitioner was not performing her
duties in a satisfactory manner. It is contended that the petitioner had
previously remained absent from the Anganwadi Centre without prior
information and had failed to maintain proper cleanliness. The record also
indicates that, in July 2022 and November 2023, deductions from her
honorarium had been proposed on account of such irregularities. Further, an
inspection note dated 17.11.2022 recorded negligence in the functioning of
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the Centre. Learned counsel further submits that the incident dated

27.06.2024 was a serious act of misconduct. The petitioner allegedly
obstructed the Circle Supervisor in the performance of her official duties,
drove her out of the Centre and attempted to hit her with a slipper. The
incident was recorded on video, which was relied upon by the authorities as
evidence. It is also submitted that a show-cause notice was issued to the
petitioner and her reply was found unsatisfactory. She was thereafter granted
an opportunity of personal hearing. The termination order was passed after
following the prescribed procedure and obtaining the approval of the
competent authority. The appellate authority considered the relevant record,
the petitioner's submissions and the material produced by the respondents
before dismissing the appeal. It is, therefore, submitted that no interference
with the impugned orders is warranted.
5. Heard learned counsel for the parties and perused the record.
6. The principal question for consideration is whether the order dated
23.10.2024, affirming the termination of the petitioner's services by order
dated 07.08.2024, suffers from any illegality, arbitrariness or procedural
irregularity warranting interference by this Court. The record shows that the
petitioner was appointed as an Anganwadi Helper on 12.06.2007 and had
served for approximately 17 years. Her length of service is a relevant
circumstance; however, the mere fact that she had served for a considerable
period does not, by itself, confer an absolute right to continue in service
irrespective of the nature of the allegations and the material available against
her. The allegations against the petitioner are not confined to ordinary
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irregularities in the performance of her duties. The principal allegation

concerns her conduct towards the Circle Supervisor on 27.06.2024, when the
Supervisor had reportedly visited the Anganwadi Centre in the discharge of
her official duties. It was alleged that the petitioner obstructed the
Supervisor, asked her to leave the Centre and attempted to hit her with a
slipper. The appellate authority has recorded that the incident was supported
by a video recording produced by the Supervisor. It has further observed that
the petitioner did not produce any cogent evidence to establish that the
alleged incident had not occurred or that she had not obstructed the
Supervisor in the performance of her official duties. A mere denial of the
allegations, without any material sufficient to discredit the evidence relied
upon by the authorities, does not necessarily invalidate the findings recorded
against the petitioner.
7. In the present case, the appellate authority has specifically relied
upon the video evidence while considering the petitioner's challenge to the
termination order. The petitioner has questioned the reliability of the video
recording and the manner in which the department considered the
allegations. However, mere disagreement with the findings of the authorities
is not sufficient for interference under under Article 226, unless a legal error
or violation of the required procedure is established. The record also refers to
earlier instances of alleged absence without information and failure to
maintain cleanliness at the Anganwadi Centre. The proposed deductions from
the petitioner's honorarium and the inspection note dated 17.11.2022 have
been relied upon by the respondents to demonstrate that concerns regarding
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the discharge of her duties had arisen even before the incident in question.

8. The Court has also considered the petitioner's submission that she
was issued a show-cause notice, submitted her reply and was granted an
opportunity of personal hearing on 29.07.2024. The record indicates that the
competent authority considered her explanation and found it unsatisfactory
before passing the termination order dated 07.08.2024. The appellate
authority thereafter examined the material available on record and rejected
the petitioner's challenge by a reasoned order dated 23.10.2024. The
petitioner's contention that she expressed regret if her conduct had hurt the
Supervisor also does not, by itself, establish that the allegations were false or
that the termination order was unjustified. Such an expression may be
considered as part of her explanation, but it must be assessed along with the
other material available on record.
9. This Court is conscious of the fact that the petitioner has served for
approximately 17 years and that termination of her services may cause
financial hardship to her and her family. However, sympathy and the length
of service cannot be the sole grounds for setting aside an otherwise lawful
order. The legality of the impugned action must be assessed on the basis of
the material on record, the procedure followed by the authorities and the
nature of the allegations. In the present case, the record indicates that a show-
cause notice was issued, an explanation was received, a personal hearing was
granted and the termination order was passed after obtaining the approval of
the Sub-Divisional Officer, Bhitarwar. The appellate authority also
considered the petitioner's grounds of challenge and the material relied upon
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by the respondents. No specific procedural irregularity or violation of the

principles of natural justice has been established on the material placed
before this Court.
10. The Court is not exercising appellate jurisdiction merely to
substitute its own assessment for that of the competent authorities.
Interference would be justified if the impugned orders were shown to be
contrary to law, based on no relevant material, perverse, or passed in
violation of the prescribed procedure. On the material placed before this
Court, no such ground has been established.
11. Accordingly, considering the nature of the allegations, the video
evidence referred to by the appellate authority, the previous instances of
alleged irregularities and the procedure stated to have been followed by the
competent authority, this Court finds no sufficient ground to hold that the
appellate order dated 23.10.2024 or the termination order dated 07.08.2024
warrants interference in the exercise of writ jurisdiction.
12. In view of the foregoing discussion, this Court finds that the
petitioner has failed to establish any illegality, arbitrariness, perversity or
procedural irregularity in the impugned orders warranting interference by
this Court.
13. Consequently, the petition, being devoid of merit, is dismissed.
(MILIND RAMESH PHADKE)
JUDGE
neetu

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