IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19671 of 2010 UMDA DEVI, W/o late Shyaram Sharma, R/o village Adai, P.S. Konch, District- Gaya. . . . . Petitioner. Versus 1. THE STATE OF BIHAR through the Secretary Department of Social Welfare, Bihar, Patna. 2. The Divisional Commissioner, Magadh Division, Gaya. 3. The District Magistrate, Gaya. 4. The District Programme Officer, district- Gaya. 5. The Block Development officer, Block Konch, dist. Gaya. 6. The Child Development Project Officer, Block Konch, District- Gaya. . . . . Respondents. ----------- 2/ 06.12.2010 Heard learned counsel for the parties. The petitioner was working as Anganbari Sevika under Anganbari Kendra, Adai-I, bearing Centre code no. 143. The petitioner submits that she has been charged for distributing rice and wheat in a raw state. She further submits that it would appear from Annexure-5, a letter of District Programme Officer, Gaya dated 25.08.2009, that ‘Take Home Ration’ has been properly distributed in petitioner’s centre. Counsel for the State submits that as per the charge, on 12.06.2009, the petitioner distributed only raw rice and wheat and as such, she has rightly been disengaged. He sought time for seeking instructions. I find that the petitioner has been disengaged from service on mere suspicion vide letter dated 16.11.2009 of District Programme Officer, Gaya. It is well settled that suspicion cannot take place of proof, as such order disengaging the petitioner vide letter no81/03 dated 16.11.2009 by District Programme Officer, Gaya is set aside. However, it will be open for the respondents to 2 proceed again afresh in accordance with law if some concrete materials come against her. Uday/ (Samarendra Pratap Singh, J.)