IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.4972 OF 2008 RIMA KUMARI @ BABLI DEVI, WIFE OF MUKESH KUMAR, RESIDENT OF VILLAGE NEERPUR, POLICE STATION ATHMALGOLA, DISTRICT PATNA VERSUS 1. THE STATE OF BIHAR THROUGH THE DISTRICT MAGISTRATE, PATNA 2. THE SUB-DIVISIONAL OFFICER, BARH, DISTRICT PATNA 3. THE CHILD DEVELOPMENT PROJECT OFFICER, BARH, DISTRICT PATNA 4. SARITA KUMARI, WIFE OF MUTUN SINGH, RESIDENT OF VILLAGE BAHADURPUR, POLICE STATION ATHMALGOLA, DISTRICT PATNA ********* 2 25/04/2011 This wit application has been filed challenging the order contained in Annexure-2 by which the petitioner’s engagement as Aanganbari Sevika has been terminated by the District Magistrate, Patna. The ground for termination is at Annexure-3 which is an enquiry held by the Sub Divisional Officer. The Enquiry Report indicates that the Mukhiya has not signed on the proceedings by which the petitioner was selected as an Aanganbari Sevika. The complaint was made by Sarita Kumari. The order of the District Magistrate suffers on two counts; firstly the District Magistrate ought to have noticed the petitioner, before serving her with an order of termination. It also suffers on account of the fact that the Mukhiya ought to have been noticed, who could have explained as to whether the procedure was correctly conducted or not. Absence of signature is an important aspect of the proceeding, but if the proceeding is otherwise duly conducted and signed by all the other 2 persons concerned, then perhaps the absence of the signature of the Mukhiya would have been explained by him and him alone. The District Magistrate ought to have also call for the records and see for himself as to whether the selection process was properly conducted. Counsel for the State submits that there is a provision of filing of an appeal before the Commissioner as per the guidelines of the year 2006. However, it would not be proper for this Court to dismiss this writ application on the ground that an alternative remedy is available, especially in view of the fact that the Commissioner would also have to remand the matter to the District Magistrate on account of non-fulfilment of the principles of natural justice. I thus quash the order dated 22.01.2008 and the petitioner is directed to file an application before the District Magistrate, Patna along with a copy of this order within a period of four weeks from today. The District Magistrate, Patna may dispose of the application within a period of three months thereafter after hearing the petitioner and the Mukhiya. This writ application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)