IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7796 of 2009 Asha Devi @ Asha Kumari . Versus The State Of Bihar & Ors . ----------- 3. 04.08.2011 Heard learned counsel for the petitioner and the State. The grievance of the petitioner, an Anganwari Sevika is that her termination dated 31.3.2008 for alleged dereliction of duties was in violation of the principles of natural justice. Despite this specific objection having been raised in appeal, the appellate order dated 19.9.2008 in service appeal No. 28 of 2008 by the Divisional Commissioner, Munger does not decide this issue. No useful purpose is going to be served by adjourning the matter for a counter affidavit. The Court has gone through the impugned order. The original order dated 31.3.2008 justifies the right to terminate without a show cause notice. The order in appeal notices the objection but does not decide it. Counsel for the State submits that the matter may be remanded to the District Magistrate. The limited nature of the question involved stands settled by a Division Bench of this Court in 2004 (2) PLJR 833 (Sajjan Devi Vs. State of Bihar) that Anganwari Sewika cannot be terminated in 2 violation of the principles of natural justice even if they were not government servants. If the respondents insist on passing orders contrary to law and Court orders, the Court has little option but to set aside such illegal orders. The impugned orders dated 31.3.2008 and 19.9.2008 are accordingly set aside but without prejudice to the right to the respondents. The writ application stands allowed. P. Kumar ( Navin Sinha, J.)