IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.671 of 2010 REKHA KUMARI W/O LATE LAL MOHAN DAS R/O VILL.- GHOSPUR, P.O. FARKAR, P.S. SABOUR, DISTT.- BHAGALPUR Versus 1. THE STATE OF BIHAR 2. THE PRINCIPLE SECRETARY, SOCIAL WELFARE DEPTT., GOVT. OF BIHAR, PATNA 3. THE DIRECTOR, SOCIAL WELFARE DEPTT., GOVT. OF BIHAR, PATNA 4. THE DISTRICT MAGISTRATE, BHAGALPUR, DISTT.- BHAGALPUR 5. DISTRICT WELFARE OFFICER, BHAGALPUR, DISTT.- BHAGALPUR 6. THE DISTRICT PROGRAMME OFFICER, BHAGALPUR DISTT.- BHAGALPUR 7. THE CHILD DEVELOPMENT PROJECT OFFICER, SABOUR, DISTT.- BHAGALPUR 8. THE MUKHIA OF GRAM PANCHAYAT FARKAR, DISTT.- BHAGALPUR ----------- For the petitioner : Mr. Sharda Nand Mishra, Adv. For the State : Mr. Dhirendra Kumar, AC to SC-8. 2/ 29.06.2010 Heard counsel for the petitioner and the counsel appearing for the State. Counter affidavit has been filed on behalf of the Child Development Project Officer, Sabour, District-Bhagalpur, respondent No. 7. Prayer of the petitioner is for a direction to the respondent to re-instate the petitioner on the post of Anganbari Sevika at Centre 80, Village-Ghospur, Tanti Tola, where she was working on the post as Anganbari Sevika. Due to some disturbance created by Neelam Kumari, Anganbri Sevika and her husband, a Complaint Case No. 351 of 2008 was filed by the petitioner. The matter was enquired by the Child Development Project Officer, Sabour and he submitted enquiry report vide Letter dated 30.06.2009. The petitioner was asked to show cause and vide order dated 31.07.2009 the District Programme Officer, Bhagalpur, cancelled the selection of the - 2 - petitioner. Petitioner filed her application before the District Magistrate, Bhagalpur, for setting aside the order dated 31.07.2009 passed by the District Programme Officer, Bhagalpur, which is still pending for consideration. Counsel for the petitioner submits that the District Programme Officer has not been vested with any power for termination of Anganbari Sevika, under the guidelines, there is specific provision under Clause 8 relating to disposal of objection filed against selection of Anganbari Sevika. Clause 8 (iii) of the guidelines is specific that in case of any complaint, the enquiry will be conducted and the report submitted by the District Programme Officer before the District Magistrate. The District Magistrate after giving proper opportunity to the concerned persons and on consideration of the report, will pass a speaking order, terminating the selection of Anganbari Sevikas. Since the termination order has been passed by the District Programme Officer, Bhagalpur, it is completely illegal and without jurisdiction and fit to be quashed. This issue has also been decided by the Division Bench of this Court since reported in 2010(2) PLJR 374 (Prabha Kumari Devi Vs. The State of Bihar and Ors.). Since, petitioner has already filed her application before the District Magistrate, Bhagalpur, against the order passed by the - 3 - District Programme Officer, Bhagalpur, which is still pending. This application is being allowed. The matter is being remitted to the District Magistrate, Bhagalpur to decide this matter, in accordance with the provision under Clause 8 of the guidelines. Only after issuing proper notice to the concerned persons and giving opportunity of hearing to them, a reasoned order shall be passed by the District Magistrate, Bhagalpur, within one month from the date of production/communication of this order. Sanjeet/ (Mridula Mishra, J.)