IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6007 of 2010 SADANAND PASWAN S/O Late Akal Paswan, resident of village-Khaira Garhia, P.S.-Narpatganj, Dist-Arraria. Versus 1. THE STATE OF BIHAR. 2. The District Magistrate-cum-Chairman Midday Meal Scheme Co- ordination Committee, Araria. 3. The In-charge Officer, Bihar State Midday Meal Scheme Committee, Araria, Dist-Araria. 4. The District Superintendent of Education, Araria. 5. The Sub-Divisional Education Officer, Araria. ----------- 2 08.12.2010 In this writ application petitioner has challenged the order of the Officer-in-charge of Midday Meal Scheme dated 18.2.2010 (Annexure-6) by which, he has been communicated that as per the decision of the Zila Sadhan Sevi Chayan Samittee dated 18.2.2010 the contract of appointment of the petitioner as Sadhan Sevi of Narpatganj has been cancelled. Learned counsel for the petitioner shows that earlier notice was issued to the petitioner, vide Annexure-4 dated 1.2.2010 to show cause with regard to slackness and carelessness shown by him in performance of his duties. He points out that in the show cause notice itself it was mentioned that the District Magistrate, Araria had already passed orders for dispensing with his services. Learned 2 counsel submits that since decision had already been taken by the District Magistrate this show cause was empty formality and the same had been issued with pre-determined mind. In the circumstances, he submits that the order cancelling his contract of appointment suffers from violation of principles of natural justice. He also pointed out that before formal orders of cancellation of contract of appointment of the petitioner was issued the respondent had already decided to proceed for fresh engagement of Sadhan Sevi of the Block, vide Annexure-7. The writ application was filed on 6.4.2010. However, till today no counter affidavit has been filed. Annexure-4, the notice does clearly show that the decision had already been taken by the District Magistrate to dispense with the services of the petitioner which was clearly before any opportunity was granted to the petitioner to explain his conduct. In the Circumstances, this Court finds the order cancelling the contract of the service of the petitioner by Annexure-6 as violative of principles of natural justice. As a result, this writ application is allowed, the impugned order Annexure-6 is quashed. The petitioner shall appear before 3 the Officer in-charge, Midday Meal Scheme, Araria within two weeks from today and shall explain his conduct in respect of the findings against him contained in the proceeding of the Committee dated 29.1.2010, as contained in Annexure-3. Thereafter, the matter will be examined afresh by the respondent, with further opportunities to the petitioner if necessary, and thereafter a fresh order shall be passed. The entire process must be completed within two months from the date of appearance of the petitioner. It is made clear that till fresh orders are passed the petitioner will not resume his duties. Prakash ( J.N.Singh, J.)