IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15855 of 2009 1. ANAMIKA KUMARI W/O GIRIJESH KUMAR R/OVILL LAGAMA, P.S.DUMARA, DISTT- SITAMARHI Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY PANCHAYATI RAJ SECRETARIAT PATNA 2. THE DISTRICT MAGISTRATE DISTT- SITAMARHI 3. THE DISTRICT PANCHAYATI RAJ OFFICER SITAMARHI 4. THE BLOCK DEVELOPMENT OFFICER null BLOCK OFFICE DUMARA, DISTT- SITAMARHI 5. THE GRAM PANCHAYAT SUPERVISOR, DUMARA, SITAMARHI 6. THE SARPANCH , PANCHAYAT RAJ LAGAMA, DUMARA, SITAMARHI ----------- 2. 22.12.2009 Heard learned counsel for the petitioner and the State. By an order dated 12.8.2009 the petitioner has been dismissed from the post of Secretary, Gram Kutchahri. Learned counsel for the State prays for time to file counter affidavit. This Court does not consider the same necessary in view of the clear recitals in the enquiry report at Annexure-5 submitted by the Block Agriculture Officer that the alleged enquiry held against the appointment of the petitioner was ex parte in nature and the order of termination was also ex parte. The petitioner has also averred so in the writ application. That the petitioner may have filed a representation against his termination does not absolve the Respondents of their duty to issue him a proper show cause notice, if they propose to terminate his services from the post of Secretary, Gram Kutchahri to enable him to meet the grounds that he is supposed to answer. Only then can any order dispensing his services from the post of Secretary, Gram Kutchahri be passed. The order dated 12.8.2009 is, accordingly, set aside. 2 The writ application stands allowed to the extent indicated but without prejudice to the rights of the Respondents to proceed afresh in accordance with law, if they so desire and which must be done within a maximum period of two months from the date of receipt and/or production of a copy of this order, failing which the petitioner shall be held entitled to the honorarium claimed by him. AKS/ (Navin Sinha, J.)