Division bench of Justices Ranjana Desai and Roshan Dalvi on Monday observed that having an extra-marital affair was not a ground for termination of the petitioner's services while setting aside the dismissal order.

The court also observed that her termination was ‘strange’ and ‘shocking’ as no action was taken against the man with whom she had the affair and was also employed by the same Zilla Parishad.

However, the court granted liberty to the Zilla Parishad to take action, if necessary, in accordance with law.

The woman had moved the High Court in December last, alleging that Satara Zilla Parishad had not awarded her a single opportunity to be heard and neither conducted any inquiry before sacking her.

In November 2005, ZP terminated her service saying her character is questionable. According to her, the sole basis of this indictment was a resolution passed by village panchayat of Taldeo in Mahabaleshwar taluka, where she worked.

The Child Development Project Officer for Mahabaleshwar S D Shedge had said in an affidavit filed before the court that her ‘moral character is not good’.

"She has committed sexual offense and extra marital relation and such a lady cannot be allowed to continue as Aanganwadi assistant which may have a bad effect on the character of the children, hence not fit to continue on the post," the affidavit stated.

A complaint regarding her affair had been made to the child development project officer by the village headman.

Her lawyer Uday Warunjikar had urged the court to quash and set aside the order, which was accepted by the court.

Warunjikar also argued regarding the right to privacy of a female employee, pointing out that anything she does, outside her nature of work, should not be the concern of the authorities.

The court, however, refused to deal with the larger issue but accepted that the dismissal was stigmatic and an allegation on the petitioner's character, Warunjikar said.

The Bench had earlier asked the counsel for the state government if an employee can be removed from services without conducting an inquiry. Assistant government pleader Sudeep Nargolkar citing Supreme Court judgments told the court that post decision enquiry also can be done after suspending the employee.