IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18191 of 2008 GAJALA TARANNUM, W/O MOHSIN ALAM, R/O VILLAGE-DENGA, P.S.-PALASI, DISTRICT-ARARIA. ........PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE DIRECTOR, I.C.D.S., SOCIAL WELFARE DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, ARARIA. 4. THE DISTRICT WELFARE OFFICER, ARARIA. 5. THE CHILD DEVELOPMENT PROJECT OFFICER, PALASI, ARARIA. ........RESPONDENTS. ----------- 3 22.04.2011 I.A. No.1501 of 2011 This I.A. has been filed by the petitioner for amendment in the prayer and liberty to her to challenge an order of the Director, I.C.D.S. dated 14.03.2008, by which engagement of Anganwari Sevika/Sahayika of different centers including that of the petitioner was cancelled. The I.A. is allowed. Petitioner is granted liberty to challenge the same. Although from Annexure-C it appears that, due to lapses committed by the petitioner in running the centre found in the inspection, notice was issued to her to file her show cause, it appears that the final order of cancellation of her engagement was passed by the Director, I.C.D.S. dated 14.03.2008, as contained in Annexure-1, to the I.A. Admittedly, the Director, I.C.D.S. had no powers under the Guidelines to cancel 2 the engagement of an Anganwari Sevika/Sahayika. The order is, therefore, without jurisdiction. The same is hence quashed. The petitioner is directed to file her reply to the show cause notice, as contained in Annexure-C, before the District Welfare Officer, Araria in response to the said Annexure-C within two weeks from today. Whereafter, the District Welfare Officer shall transmit the records as available in respect of the petitioner to the District Programme Officer who is empowered under the present Guidelines to hold an inquiry and take action in respect of any Anganwari Sevika/Sahayika on account of default committed by them in performance of their duties. The District Programme Officer is directed to issue notice to the parties, giving them opportunity to be heard and, thereafter, decide the same, positively within a period of two months from the date of receipt of the records from the office of the District Welfare Officer, Araria. The writ application is disposed of with the aforesaid observations and directions. Arvind/ ( J. N. Singh, J.)