IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13211 of 2009 USHA DEVI Versus THE STATE OF BIHAR & ORS ----------- 2. 13.10.2009 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner, an Anganwari Sevika, was issued a show cause notice by the CDPO on 24.1.2008 as to why disciplinary action be not taken in context of her failure to discharge duties properly. A reply was submitted by her on 6.2.2008 furnishing her explanation. On 10.6.2008 the District Magistrate, East Champaran at Motihari proceeded to terminate the services of the petitioner. The petitioner went up in appeal before the Commissioner which has also been rejected by an order dated 13/4/2009. The short contention on behalf of the petitioner is that from the order of the District Magistrate as also of the Commissioner it is apparent that the cause shown by the petitioner has not been considered and decided by either in acceptance or rejection. On the contrary, the impugned orders themselves contain the recitals that the CDPO never placed the cause shown by the petitioner before the District Magistrate prior to issuance of the impugned order. The submission on that basis is of violation of principles of natural justice rendering the order arbitrary. In that view of the matter, learned Counsel for the State finds it difficult to oppose the remand of the matter to the District Magistrate, Motihari. The impugned orders dated 10.6.2008 and 13.4.2009 are accordingly set aside. The matter is remanded to the District Magistrate, East Champaran, to call for the explanation submitted by the petitioner before the CDPO, consider the same, and after hearing the petitioner pass fresh orders in accordance with law within a maximum period of three months from the date of receipt and/or production of a copy of this order. The writ application stands allowed with the aforesaid directions. Snkumar/- (Navin Sinha,J.)