IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14050 of 2010 1. CHANDRAWATI DEVI W/O AJAY SHANKAR MISHRA R/O MOHALLA- DARZI MOHALLA, WARD NO. 17/22 AMLA TOLI, P.S.- BUXAR (T), DISTT.- BUXAR Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF SOCIAL WELFARE, GOVT. OF BIHAR, PATNA 2. THE DIRECTOR, INTEGRATED CHILD DEVELOPMENT SCHEME DEPARTMENT OF SOCIAL WELFARE, GOVT. OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE-CUM-COLLECTOR, BUXAR 4. THE DISTRICT PROGRAMME OFFICER, BUXAR 5. THE DISTRICT WELFARE OFFICER, BUXAR 6. THE CHILD DEVELOPMENT PROJECT OFFICER BUXAR BLOCK IN THE DISTRICT OF BUXAR ----------- 2 15.04.2011 The grievance of the petitioner is that she came to know about cancellation of her engagement as Anganwari Sevika through newspaper notice, as contained in Annexure-1. The same was issued on some allegation of alleged irregularity committed by her in functioning of the centre. However, it is submitted that, no notice was issued to the petitioner and any enquiry, if at all, was held behind her back and without giving her any opportunity to explain her conduct. However, after she came to know about cancellation of her engagement, she filed a representation before the C.D.P.O. which was considered at different levels and finally the same was forwarded by the District 2 Programme Officer to the Director, I.C.D.S. through Annexure-5 dated 07.02.2008. It is submitted that till now no final decision has been taken on her representation and she has not been allowed to explain her conduct. Under the present Guidelines, it is the District Programme Officer who has the powers to hold an enquiry in respect of functioning of any Anganwari centre, the conduct of any Angwari Sevika/Sahayika and cancel her engagement on the basis of proved irregularity or misconduct committed by her. It is an admitted position that the Director, I.C.D.S. had no powers to cancel the engagement of any Sevika, that too in violation of Principles of Natural Justice. Hence, the said order is quashed. In the circumstances, this writ application is disposed of with a direction to the District Programme Officer, Buxar to consider the representation of the petitioner himself, hold an enquiry, give opportunity to the petitioner, hear the parties and pass final orders himself in respect of functioning of the petitioner as Anganwari Sevika of the centre concerned. The order 3 passed by the Director, I.C.D.S. earlier in this regard in respect of the petitioner shall not come in his way and it shall not be taken into account by him for coming to a decision in the matter. The District Programme Officer shall conclude the hearing and pass final orders positively within a period of three months from the date of receipt/production of a copy of this order. Arvind/ ( J. N. Singh, J.)