IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12624 of 2009 RADHA KUMARI Versus THE STATE OF BIHAR & ORS ----------- 02/ 06.10.2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner was terminated from the post of Anganwari Sewika by an order dated 2.7.2009 of the District Magistrate. She went up in appeal before the Commissioner and specifically raised her objection that she has not been heard before the order of termination was passed. This aspect of the matter has not been disbelieved by the Commissioner in appeal at Annexure-3. Learned counsel for the State submits that any illegality in the initial termination by absence of hearing stood cured when the appellate authority granted hearing to the petitioner. A Division Bench this Court in 2004(2) P.L.J.R. 833 has held that the minimum compliance with the principles of natural justice by issuance of show cause notice to an Anganwari Sewika was mandated in law before her services could be dispensed with. If the initial order of termination is invalid for non-compliance of procedures, no appellate order can cure illegality or validate the original illegal order. The impugned order of termination dated 2.7.2009 is set aside for procedural non-compliance. It shall not result in reinstatement of the petitioner. After the petitioner appears before the District Programme Officer along with a copy of the present order a - 2 - show cause notice shall be issued to her. The petitioner shall be obliged to submit her reply within six weeks from the date of such show cause notice served upon her, whereafter the District Programme Officer shall proceed to pass fresh appropriate orders on merits in accordance with law, which shall be required to be reasoned and speaking. The writ application stands allowed to the extent indicated. DKS/ (Navin Sinha, J.)