IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3858 of 2010 1. KUMARI KRISHNA SINGH W/O BINDESHWAR SINGH R/O VILL RUPSAGAR,P.S. NAWANAGAR,DISTT-BUXAR Versus 1. THE STATE OF BIHAR 2. THE SECRETARY,SOCIAL WELFARE DEPARTMENT GOVT.OF BIHAR,PATNA 3. THE DIRECTOR INTERESTED CHILD DEVELOPMENT SCHEME (ICDS) PATNA 4. THE COMMISSIONER ,PATNA PRAMANDAL PATNA 5. THE DISTRICT MAGISTRATE DISTT-BUXAR 6. THE DISTRICT WELFARE OFFICER DISTT-BUXAR 7. THE BLOCK DEVELOPMENT OFFICER NAWANAGAR,DISTT- BUXAR 8. CHILD DEVELOPMENT PROJECT OFFICER NAWA NAGAR,DISTT-BUXAR ----------- For the Petitioner :- Mr. Arun Kumar, Adv. For the State:- G.A.-8 ----------- 2. 20.9.2010 Heard learned counsel for the petitioner and the State. The petitioner questions the order dated 16.6.2008 of the District Magistrate, Buxar affirmed on 7.11.2009 in Misc. Appeal No. 282 of 2008 removing her from the post of Aganwari Sewika without a show cause notice. Her submission that the original order of termination was without a show cause notice finds reference in the discussion contained in the Appellate order but there is no finding on it. Learned counsel for the State finds it difficult to support the impugned orders in view of the law laid down in 2004(2) PLJR 833 (DB) that the 2 services of an Aganwari sewika cannot be terminated in violation of the principles of natural justice. The impugned orders dated 16.6.2008 and 7.11.2009 are accordingly set aside. This shall not result in the immediate reinstatement of the petitioner. Only if the petitioner files an application before the District Programme Officer within a maximum period of 30 days from today, the District Programme Officer shall proceed to issue a show cause notice and then decide the matter in accordance with law within a maximum period of six weeks from the date of receipt and/or presentation of a copy of this order before him. The writ application stands allowed. P. Kumar ( Navin Sinha, J.)