IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3264 of 2011 1. USHA RAMAN, W/O RAMANAND PRASAD RAMAN, R/O VILLAGE-BHURA, P.O.-BHURA, P.S.-TRIVENIGANJ, DISTRICT-SUPAUL, PRESENTLY WORKING AS ANGANBARI SEVIKA IN PATHRAGODHEY PANCHAYAT, CENTRE NO.21 UNDER CHILD DEVELOPMENT PROJECT, TRIVENIGANJ. 2. MANJU KUMARI, W/O SUBODH YADAV, R/O VILLAGE-JAGUR, P.O.-BHURA, P.S.-TRIVENIGANJ, DISTRICT-SUPAUL, PRESENTLY WORKING AS ANGANWARI SEVIKA IN PATHRAGODHEY PANCHAYAT, CENTRE NO.215 UNDER TRIVENIGANJ CHILD DEVELOPMENT PROJECT, TRIVENIGANJ. 3. ASHA DEVI, W/O HARI NARAIYAN MEHTA, R/O VILLAGE-KORIAPATTI, P.S.-JAIDIA, DISTRICT- SUPAUL, PRESENTLY WORKING AS ANGANWARI SEVIKA IN KORIA PATTI WEST PANCHAYAT, CENTRE NO.122, KORIA PATTI (MADHYA). 4. SUDAMA DEVI, W/O LATE JHAMELI RAJAK, R/O VILLAGE-KUPARI, P.O.-PARSA GARHI, P.S.-JADIA, DISTRICT-SUPAUL, PRESENTLY WORKING AS ANGANWARI SEVIKA IN PARSAGARHI PANCHAYAT IN PARSAGARHI SOUGHT, CENTRE NO.145 UNDER CHILD DEVELOPMENT PROJECT TRIVENIGANJ. 5. SHOBHA DEVI, W/O ASHOK SARDAR, VILLAGE- DOPARKHA, P.S.-TRIVENIGANJ, DISTRICT-SUPAUL WORKING AS ANGANWARI SEVIKA IN DOPARKHA PANCHAYAT CENTRE NO.168 UNDER CHILD DEVELOPMENT PROJECT TRIVENIGANJ. 6. SUNITA DEVI, W/O UPENDRA YADAV, R/O VILLAGE-LAHARNIA, P.S.-TRIVENIGANJ, DISTRICT- SUPAUL, PRESENTLY WORKING AS ANGANWARI SEVIKA IN PARCHEY MIRJAWA PANCHAYAT, CENTRE NO.213, LAHARNIA MADHYA, UNDER CHILD DEVELOPMENT DEPARTMENT PROJECT TRIVENIGANJ. 7. MAYA DEVI, W/O JAI KRISHNA YADAV, R/O VILLAGE-GURIA, P.S.-JAIDIA, DISTRICT-SUPUAL, PRESENTLY WORKING AS ANGANWARI SEVIKA IN GURIA PANCHAYAT, CENTRE NO.103, UNDER CHILD DEVELOPMENT PROJECT TRIVENIGANJ. 8. KUMARI SUSHILA, W/O DEV NARAIYAN YADAV, R/O VILLAGE-HARI NAGAR SIKIYAHI, P.O.- PRATAPPUR, P.S.-TRIVENIGANJ, DISTRICT SUPAUL, PRESENTLY WORKING AS ANGANWARI SEVIKA IN BRAHPURNA PANCHAYAT, CENTRE NO.71, UNDER CHILD DEVELOPMENT PROJECT, TRIVENIGANJ. 9. PUSHPA DEVI, W/O SUKHADEO YADAV, R/O VILLAGE-PARWAHA, P.O.-KORIA PATTI, P.S.- JAIDIA, DISTRICT-SUPAUL, PRESENTLY WORKING AS ANGANWARI SEVIKA IN KORIAPATTI WEST PANCHAYAT 2 CENTRE NO.126, UNDER CHILD DEVELOPMENT PROJECT TRIVENIGANJ. …………………PETITIONERS. Versus 1. THE STATE OF BIHAR, THROUGH ITS SECRETARY, SOCIAL WELFARE DEPARTMENT, BIHAR, PATNA. 2. THE DIRECTOR, SOCIAL WELFARE DEPARTMENT, GOVT. OF BIHAR, I.C.D.S. DIRECTORATE, INDIRA BHAWAN, PATNA. 3. DISTRICT MAGISTRATE, SUPAUL. 4. DISTRICT PROGRAMME OFFICER, SUPUAL. 5. CHILD DEVELOPMENT PROJECT OFFICER, TRIVENIGANJ, SUPAUL. ………………RESPONDENTS. ----------- 3 25.03.2011 When the case was taken up on the last date, learned counsel for the respondents was requested to seek instructions and inform this Court as to whether before issue of Annexure-1, by which, an order of recovery was passed against the petitioners, any notice was given to them, or not. Learned counsel for the State, on instructions, submits that before issue of Annexure-1, no notice was issued to any of the petitioners. In the circumstances, on account of admitted violation of Principles of Natural Justice, Annexure-1 is quashed. The inspection report, as contained in Annexure-2 as well as Annexure-4, which have been made basis for issue of Annexure-1, shall be treated by the petitioners as show cause 3 notice and they will file their reply in the office of the Collector within three weeks from today. After they file their reply, or after three weeks the Collector shall fix up a date for hearing of the matter in which, if requested, petitioners shall be given opportunity of personal hearing and thereafter fresh orders shall be passed by the Collector in the matter in accordance with law. Since Annexure-1 is quashed, no further recovery shall be made from any of the petitioners. The writ application is allowed with the aforesaid observations and directions. Arvind/ ( J. N. Singh, J.)