IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20653 of 2011 1. Rani Devi W/O Shri Narendra Kumar Ram Resident Of Village-Gorraha, P.S.-Narpatganj, District-Araria. 2. Nilam Devi W/O Suryanarayan Yadav Resident Of Village- Baudhi Chowk, P.S.-Narpatganj, District-Araria. 3. Kumar Premlata W/O Ashok Kumar Yadav Resident Of Village-Bariyarpur, P.S.-Narpatganj, District-Araria. 4. Bulbul Devi W/O Amrendra Yadav Resident Of Village- Bariyarpur, P.S.-Narpatganj, District-Araria. 5. Sanju Devi W/O Rajesh Kumar Resident Of Village- Gorraha Bishanpur, P.S.-Narpatganj, District-Araria. 6. Rekha Devi W/O Shri Pranav Kumar Resident Of Village- Garuraha, P.S.-Narpatganj, District-Araria. Versus 1. The State Of Bihar Through Principal Secretary, Social Welfare Department, Patna, Bihar. 2. The Director, I.C.D.S., Directorate Of Social Welfare, Patna, Bihar. 3. The District Magistrate, Araria. 4. The District Programme Officer, Araria. 5. The Child Development Programme Officer, Narpatganj, District-Araria. 6. The Circle Officer, Narpatganj, District-Araria. 7. The Jan Jagran Sakti Sangathan Through Its Secretary, A-5, Siddharth Apartment, Jagdeo Path, Bailey Road, Patna, Patna-800014 (Bihar). with Civil Writ Jurisdiction Case No.20679 of 2011 1. Gunjan Kumari W/O Shri Raj Kumar Resident Of Village- Kajra, P.S.-Raniganj, District-Araria. 2. Sulekha Devi W/O Shri Digambar Lal Das Resident Of Village-Kamalpur, P.S.-Raniganj, District-Araria. 3. Neelam Kumari W/O Jaishankar Prasad Singh Resident Of Village-Kajra, P.S.-Raniganj, District-Araria. 4. Saroj Devi W/O Sachchidanand Mandal Resident Of Village-Pachira, P.S.-Raniganj, District-Araria. 5. Bibi Rafatjahan W/O Md. Hasibpur Rahman Resident Of Village-Pachira, P.S.-Raniganj, District-Araria. 6. Anuradha Devi W/O Suresh Prasad Yadav Resident Of Village-Raghopur, P.S.-Raniganj, District-Araria. 7. Anita Devi W/O Shri Narayan Goswami Resident Of Village-Raghopur, P.S.-Raniganj, District-Araria. 8. Sharla Kumari W/O Kailash Singh Resident Of Village- Kamalpur, P.S.-Raniganj, District-Araria. 9. Kanchan Kaushik W/O Manoj Kumar Mandal Resident Of Village-Pachira, P.S.-Raniganj, District-Araria. Versus 1. The State Of Bihar Through Principal Secretary, Social Welfare Department, Patna, Bihar. 2. The Director, I.C.D.S., Directorate Of Social Welfare, 2 Patna, Bihar. 3. The District Magistrate, Araria. 4. The District Programme Officer, Araria. 5. The Child Development Project Officer, Raniganj Block, District-Araria. 6. The Circle Officer, Raniganj Block, District-Araria. 7. The Jan Jagran Sakti Sangathan Through Its Secretary, A-5, Siddharth Apartment, Jagdeo Path, Bailey Road, Patna, Patna-800014 (Bihar). with Civil Writ Jurisdiction Case No.20690 of 2011 1. Rajmani Kumari W/O Bhagwan Prasad Mandal Resident Of Gram Panchayat Simarbani, Paschim Bhag, Block- Bhargama, P.S.-Bhargama, District-Araria. 2. Mamta Devi W/O Pashupati Kumar Mandal Resident Of Gram Panchayat Simarbani, Paschim Bhag, Block- Bhargama, P.S.-Bhargama, District-Araria. 3. Neelam Devi @ Neelam Kumari W/O Sri Suryanarayan Yadav Resident Of Gram Panchayat Simarbani, Paschim Bhag, Block-Bhargama, P.S.-Bhargama, District-Araria. 4. Anita Devi W/O Jyotish Kumar Mandal Resident Of Gram Panchayat Simarbani, Paschim Bhag, Block-Bhargama, P.S.- Bhargama, District-Araria. 5. Kanak Lata Devi W/O Ranjan Prasad Mandal Resident Of Gram Panchayat Simarbani, Paschim Bhag, Block- Bhargama, P.S.-Bhargama, District-Araria. 6. Mani Devi W/O Santosh Mandal Resident Of Gram Panchayat Simarbani, Paschim Bhag, Block-Bhargama, P.S.- Bhargama, District-Araria. 7. Ranjani Devi W/O Binod Kumar Mandal Resident Of Gram Panchayat Simarbani, Paschim Bhag, Block- Bhargama, P.S.-Bhargama, District-Araria. 8. Kumari Pinku W/O Pappu Kumar Singh Resident Of Gram Panchayat Simarbani, Paschim Bhag, Block- Bhargama, P.S.-Bhargama, District-Araria. Versus 1. The State Of Bihar Through Principal Seretary, Social Welfare Department, Patna, Bihar. 2. The Director, I.C.D.S., Directorate Of Social Welfare, Patna, Bihar. 3. The District Magistrate, Araria. 4. The District Programme Officer, Araria. 5. The Child Development Project Officer, Bhargama Block, District-Araria. 6. The Circle Officer, Bhargama Block, District-Araria. 7. The Jan Jagran Sakti Sangathan Through Its Secretary, A-5, Siddharth Apartment, Jagdeo Path, Bailey Road, Patna, Patna-800014 (Bihar). ---------------------------------- 3 2. 16.12.2011 Heard learned counsel for the petitioners and the State. The petitioners are Anganwari Sewikas aggrieved by the order of their removal passed by the District Programme Officer. Learned counsel for the petitioners submits that the removal was in violation of the principles of natural justice. Strong reliance is placed on the Division Bench judgment of this Court reported in 2004 (2) PLJR 833 that without further more the order of termination is bad on that ground alone. Counsel for the State invites the attention of the Court to the impugned order that show cause was asked for from the petitioners. They did not submit their reply within the specified time. It is next urged that the petitioners have adequate alternative remedy of appeal before the District Magistrate. If the impugned order contains a recital that a show cause notice was given but reply was not filed, the allegation that no opportunity to show cause was given itself become a disputed question of fact which can be better appreciated by the appellate authority who shall also have the benefit 4 of the original records before him If so advised, the petitioners may prefer an Appeal before the District Magistrate within a maximum period of 30 days from today, only in that event the appellate authority is required to consider their grievances in accordance with law and dispose it off by a reasoned and speaking order preferably within a maximum period of three months from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)