IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1561 of 2009 Lalita Kumari w/o Anil kumar Sahni, r/o village – Amaitha, P.S. – Saraiya, District - Muzaffarpur Versus 1. The State Of Bihar 2. The Secretary, Department of Social Welfare, Govt. of Bihar, Patna 3. The Director, I.C.D.S., Department of Social Welfare, Govt. of Bihar, Patna 4. The Commissioner, Tirhut Range, Muzaffarpur ----------- For the appellant: Mr. Ramchandra Sahni, Advocate For the State : Mr. Chandan Kumar Verma, AC to AAG VIII --- 3 14/5/2010 Heard Mr. Ramchandra Sahni, learned counsel for the appellant, on the question of admission. In this intra-court appeal the assail is to the order dated 9.10.2009 passed by the learned Single Judge in CWJC. No.13076 of 2009, whereby the learned Single Judge has declined to interfere with the order of termination passed by the Director, Integrated Child Development Scheme, which has been affirmed by the Commissioner of the Division in appeal inasmuch as the charges levelled against her were proven. Mr. Sahni, learned counsel for the appellant, has raised two submissions, namely, the order of termination could only have been passed by the District Magistrate and not by the Director, I.C.D.S, and the Commissioner has not 2 adverted the charges on merits. To appreciate the aforesaid submission of learned counsel for the appellant, it is appropriate to re-produce Clauses 9, 10 & 11. These clauses, which are in Hindi, on being translated into English read as under: “9. Disciplinary action against Sevika/ Sahayika:- In case of not discharging duties satisfactorily by Anganwari Sevika/Sahayika, committing irregularity, remaining absent for more than 15 days, indulging in criminal incident, the Chief Development Project Officer/other Inspecting officer at district level, after seeking an explanation from them, shall make his recommendation available to the District Officer with evidences for exempting them from selection. 10. Exempting Sevika/Sahayika from selection:- With reference to aforesaid Clauses -8 & 9, the District Officer, after making review on the proposal received in respect of exempting Sevika/Sahayika from selection, shall pass speaking order in respect of exempting them from selection, after providing an opportunity to the concerned Sevika/Sahayika to place his/her side. 11. Appellate power against exemption from selection:- (A) The concerned party may file an appeal against the order passed by the District Officer under Clause -10 in respect of exempting from selection, before the Divisional Commissioner, within one month from the date of order. (B) With reference to Clauses 8, 9 and 10, the Commissioner and Secretary/Secretary, Social Welfare Department and Director, I.C.D.S., after examining the 3 matter of Sevika/Sahayika thoroughly, shall have the power to direct the District Officer to exempt the concerned Sevika/Sahayika from selection.” On a perusal of Clause 11 (B) it is clear that the Director has the power to issue directions for termination of Anganbari Sevika. Thus, colossal complaint raised that only the District Magistrate could have passed the order, is sans substance. As far as the order of Commissioner is concerned, it is noticeable that he has adverted to the allegations and dealt with the matter . The original authority as well as the appellate authority has passed speaking orders as that is the mandate of Clause 10 of the guidelines. The learned single judge has expressed the view that there need not be a full-fledged inquiry as Anganbari Sevika does not enjoy the benefit of Article 311 (2) of the Constitution of India. The whole case can be looked from another angle. On a perusal of the order passed by the authorities below, we perceive no prejudice was really caused to her inasmuch as she had failed to take appropriate steps in distribution of the food grains which is the basic duty of Anganbari Sevika and, thus, the order passed by the authorities 4 below really cannot be found fault with. In view of aforesaid, the appeal, being devoid of merits, stands dismissed in limine. Neyaz/ ( Dipak Misra, CJ.) (Mihir Kumar Jha, J.)