The Odisha government’s move to remove the chairperson and members of the Odisha State Commission for Women owing to below par performance during their tenure has come under judicial scanner with the High Court issuing show cause notice to the special secretary of the Women and Child Development Department.
The Department of Women and Child Development which conducted the performance review of the chairperson and members had found the Commission’s performance unsatisfactory.
The Department had removed them from their positions from the office of Member, Odisha State Commission for Women (OSCW) under Section 4 (3) of the Odisha State Commission for Women Act, 1993. Later it was challenged in the High Court by aggrieved members.
The petition submitted that unsatisfactory performance is not a ground for removal under the Odisha State Commission for Women Act, 1993. There is no allegation against the petitioners that they refused to perform her duties or became incapable of performing her functions as prescribed under Rule 5 of the OSCW Rules, 2006, or abused their position.
Further, the work appraisal of the petitioners was never attached to or referred to in the show cause letter or in the letter of termination.
It was further submitted that the Commission, being an autonomous body, regulates its own procedures under Section 9(2) of the Odisha State Commission for Women Act, 1993 and performs statutory functions such as conducting studies, inspections, and data compilation under Sections 10(1) and 10(2). It also makes recommendations to the State Government on many women related issues which are placed before the State Legislature, and must be consulted on major policy matters affecting women under Section 16 of the Odisha State Commission for Women Act, 1993.
The actions of The Special Secretary to Government, Department of Women & child Development, Government of Odisha, Odisha State Secretariat, Bhubaneswar, Odisha, through the issuance of the Show Cause Notices and the removal notification, amount to unwarranted interference with the independent functioning of the Commission, the petition maintained.