IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6642 of 2008 Indrawati Devi, wife of Hari Lal Singh, village Suraha, Panchayat Saukhara, PS Chand, District Kaimur at Bhabhua – Petitioner. Vs. 1) The State of Bihar through the Secretary, Social Welfare Department, Bihar, Patna. 2) The Secretary, Social Welfare Department, Bihar, Patna. 3) The Director, Social Welfare Department, Bihar, Patna. 4) The Dist. Magistrate, Kaimur. 5) The Child Dev. Project Officer, Chand, Dist. Kaimur. 6) The Block Dev. Officer, Chand, Kaimur. 7) The B.D.C. Panchayat Samiti, Gram Panchayuat Saukhura, PS Chand, Dist. Kaimur – Respondents. 4 10.5.2011 The petitioner is aggrieved by Annexure 7 which is an order passed by the Director, Social Welfare Department, Bihar removing her from the post of Aanganbari Sevika, Suraha Centre on the report of the Block Development Officer that the take home ration was not being distributed to the beneficiaries. Two issues have been raised on behalf of the petitioner. It is firstly contended that the Director does not have the power under clause 9 of the guide lines of the year 2006 which envisages that the District Programme Officer or the District Level Incharge officer will pass orders in accordance with law after giving an opportunity to the incumbent to be heard in the matter. The second contention of the petitioner is that in fact the Block Development Officer has signed the register showing the take home ration which has been received by the beneficiaries and as such it is wrongly contended by him that the petitioner was not distributing the ration. Learned counsel for the petitioner submits that the petitioner is not a Government employee and, therefore, is not 2 entitled to the benefit of being granted an opportunity to be heard before her services are terminated. The fact remains that the action of termination bears very serious consequences and where there is allegation that the concerned person has not performed his/her duty, then at least an opportunity ought to be given to explain the allegations before passing any order of termination. I accordingly direct that the Director, Social Welfare Department, Bihar should refer the matter to the District Programme Officer, who should notice the petitioner as per clause 9 of the 2006 guide lines and after hearing her pass an appropriate order. The petitioner is directed to produce a copy of this order before the Director Social Welfare within one month. The Director should send all the records to the District Programme Officer to pass an appropriate officer. The petitioner should cooperate and appear before the District Programme Officer. The entire matter should be disposed of within four months by the District Programme Officer or other District Level officer in accordance with clause 9 of the 2006 guide lines . This writ petition stands disposed of with the aforesaid observation and direction. haque ( Sheema Ali Khan, J.)