IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3925 of 2008 URMILA DEVI, W/O UPENDRA PASWAN, R/O VILLAGE- BETARI, P.O.-BHABHUA, P.S.-BHABHUA, DISTRICT- BHABHUA, KAIMUR. ………………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DIRECTOR, I.C.D.S. DIRECTOR SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, INDIRA BHAWAN, BAILEY ROAD, PATNA. 3. THE DISTRICT MAGISTRATE KAIMUR, BHABUA. 4. DISTRICT PROGRAMME OFFICER, KAIMUR, BHABUA. 5. EXECUTIVE MAGISTRATE-CUM-CHILD DEVELOPMENT PROGRAMME OFFICER, BHABUA (KAIMUR). 6. CHILD DEVELOPMENT PROGRAMME OFFICER, BHABUA (KAIMUR). ……………RESPONDENTS. ----------- 2 04.02.2011 In this writ application petitioner has challenged an order of the Director, I.C.D.S., contained in memo no. 267 dated 23.1.2008 (Annexure-7), issuing a general direction for cancellation of engagement of such Anganwari Sevikas who have not distributed the take home ration as provided in the Guidelines, which has been communicated to the petitioner by the C.D.P.O., Bhabhua through Annexure-4, cancelling her engagement. Petitioner has alleged that after the enquiry was held in which it was allegedly found that the petitioner had not distributed the take home ration, no show cause notice was issued to the petitioner and only on the basis of that 2 report an ex parte order has been passed by the Director on the recommendation of the Collector. Counter affidavit also does not show that prior to such recommendation made by the Collector to the Director for cancellation of engagement of petitioner and others any notice was issued to the petitioner. A Bench of this Court in its order dated 25.11.2010 passed in CWJC No.5244 of 2010 has held that certain rudimentary Principles of Natural Justice does apply in the cases of disengagement of Anganwari Sevikas also. Since there is an admitted violation of Principles of Natural Justice in this case, the order of the Director, as contained in Annexure-7 and the order of the C.D.P.O., as contained in Annexure-4 so far as it relates to the petitioner, are quashed. The petitioner shall appear before the Collector, Bhabua within two weeks from today and upon her such appearance a copy of the inspection report shall be served on her which shall be treated as show cause notice to the petitioner and the petitioner will file her 3 reply to the same. If the petitioner files a reply within two weeks from the date of service of the copy of the said report on her, her reply shall be considered by the Collector and, if necessary, she shall be given a personal hearing and thereafter reasoned order shall be passed in accordance with law by the Collector. The final order in this regard must be passed within eight weeks from the date of service of the said report on the petitioner. On account of cancellation of said impugned order, the petitioner shall not be entitled to be reinstated forthwith. However, if final order in compliance with the Principles of Natural Justice is not passed within the above stipulated time, the petitioner shall stand restored to her engagement. The writ application is disposed of with the aforesaid observations and directions. Arvind/ ( J. N. Singh, J.)