IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12224 of 2009 BHARTI KUMARI, W/o- Shashikant Azad, resident of Village- Dudhaila Kurwa, P.S.- Nagarnausa, District- Nalanda :--- Petitioner. Versus 1. THE STATE OF BIHAR through the Chief Secretary, Bihar, Patna. 2. The Chief Secretary, Govt. of Bihar, Patna. 3. The Commissioner-cum-Secretary, Social Welfare Department, Government of Bihar, Patna. 4. The Director, I.C.D.S., Govt. of Bihar, Patna. 5. The Divisional Commissioner, Patna. 6. The District Magistrate, Nalanda. 7. The District Programme Officer, Nalanda. 8. The Child Development Project Officer, Nagarnausa, Nalanda. 9. Sri Deepak Singh, the Executive Magistrate, Nalanda :--- Respondents. ----------- 2. 17.09.2009. Heard learned counsel for the petitioner and the State. 2. Petitioner was appointed Anganwadi Sevika for centre no. 36, Dhudhailakurwa within Kaila Panchayat, Nagarnausa Block in the district of Nalanda. She was found absent from her centre on 14.08.2009 by the inspecting team constituted in terms of the instruction of the directorate bearing Letter No. 3305/C dated 13.08.2009 and to that effect report was submitted by Sri Deepak Singh, Executive Magistrate who was member of inspection team no. 15. It is submitted that in views of the report of Sri Singh the services of the petitioner has been terminated by the District Programme Officer under order bearing Memo No. 314 dated 14.8.2009, Annexure-5. It is submitted on behalf of the petitioner that the authority who passed the impugned termination order ought to have given the petitioner an opportunity of being heard. In this connection reliance is being placed on the order of the Division Bench of this Court dated 27th July, 2009 passed in L.P.A. No. 410 of 2009, whereunder the Hon’ble Court having considered the circular of the - 2 - State Government dated 3.10.2006 which empowered the authority to terminate the engagement of Anganwadi Sevika found absent from the centre without providing opportunity of being heard held that whatever be the nature of allegation the principle of natural justice has to be observed before proceeding to terminate the Sevika from employment in terms of the policy decision of the Directorate. 3. Having heard counsel for the petitioner and the State, I grant liberty to the petitioner to assail the order of the District Programme Officer dated 14.08.2009, Annexure-5 by filing a representation before the District Magistrate who should first provide the petitioner a copy of the report of Sri Deepak Singh, Executive Magistrate referred to in the impugned order and thereafter consider the representation submitted against the said order in accordance with law in the light of the judgment of the Division Bench of this Court dated 27th July, 2009 passed in L.P.A. No. 410 of 2009. Necessary order in the light of this order be passed by the District Magistrate, Nalanda, as early as possible, in any case within a period of one month from the date of receipt of the representation along with a certified copy of this order as also order no.4 dated 27th July, 2009 passed in L.P.A.No. 410 of 2009. 4. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)