IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11353 of 2010 1. Monika Devi W/O Jitendra Kumar Prasad R/O Vill Dudhipatti, Simri, P.S.Simri, Distt-Buxar Versus 1. The State Of Bihar Through The District Magistrate Buxar 2. District Programme Officer Buxar 3. Child Development Project Officer Simri, Buxar 4. Mukhiya Gram Panchayat Simri, Buxar 5. Principal Secretary, Social Welfare Department Government Of Bihar, Secretariat, Patna ---------------------------------- 2. 17.11.2011 Heard learned Counsel for the petitioner and the State. The writ application was filed as far back as 12.7.2010 after serving two copies of the same in the office of the Advocate General. the second copy of meant to facilitate filing of a counter affidavit expeditiously to assist this Court in dispensation of justice, a constitutional obligation of the respondents under Chapter IV of the Constitution. The issue relates to termination of the petitioner on 15.6.2010 as an Anganwari Sevika at the Anganwari Centre, Simri Block, District Buxar. It is the specific assertion of the petitioner in her pleading that the termination order was issued without show cause notice and opportunity to defend. The impugned order contains no recital that show cause notice had been issued. The Court is not persuaded to adjourn the matter for counter affidavit. This application is disposed with the following direction:- On the date that the petitioner appears before the District Magistrate Buxar he shall call for the original records in presence of the petitioner. If the District Magistrate finds that show cause notice had been issued and served upon the petitioner or if the file contains any nothing that she evaded such service the District Magistrate is not required to do anything further except passing appropriate orders in presence of the petitioner. Conversely if the District Magistrate finds that the impugned order was not preceded by any show cause notice at all, in view the law settled in 2004 (2) PLJR 833 the order shall stand vitiated when the petitioner is required to be reinstated in accordance with law. Let this exercise be completed within a maximum period of fifteen days from the date of receipt and/or production of a copy of this order The writ application stands disposed. Snkumar/- (Navin Sinha,J.)