IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2193 of 2010 1. KANCHAN DEVI W/O YOGESH PRASAD R/O NAYATOLA FARM, MANIHARI, P.S.- MANIHARI DISTT.- KATIHAR Versus 1. THE STATE OF BIHAR, THROUGH THE DISTRICT MAGISTRATE, KATIHAR 2. THE CHILD DEVELOPMENT PROJECT OFFICER AMDABAD, KATIHAR 3. THE DISTRICT PROGRAMME OFFICER, KATIHAR ----------- 2/ 13/08/2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by her termination from the post of Angan Bari Sevika on 25.6.2009. The specific contention of the petitioner in paragraph-8 of the writ application is that the order of termination is ex parte without notice. Reliance is placed on a Division Bench judgement of this Court reported in 2004(2) P.L.J.R. 833 (Smt. Sajjan Devi & Ors. vs. State of Bihar & Ors.). In view of the right of appeal available before the District Magistrate, if the petitioner files such an appeal within 30 days from today, the District Magistrate is required to decide as a preliminary issue whether the petitioner was noticed and heard before termination. If the District Magistrate concludes that no show cause notice had been issued, in view of the law laid down by the Division Bench, the District Magistrate shall proceed no further. He shall be obliged to allow the appeal without prejudice to the rights of the respondents - 2 - thereafter but otherwise in accordance with law. Let the District Magistrate decide this preliminary issue within a maximum period of two weeks from the date of receipt/presentation of a copy of this order. If show cause notice had been issued and served upon the petitioner, to the satisfaction of the District Magistrate, the order shall require no interference. The application stands disposed. KC ( Navin Sinha, J.)