IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.4381 OF 2008 ANSU DEVI, WIFE OF SHRI SITA RAM SINGH, RESIDENT OF VILLAGE SORANGPUR, POST OFFICE BHABHUA, POLICE STATION BHABHUA, DISTRICT KAIMUR ……………………………………………………..PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE DIRECTOR, I.C.D.S., SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, KAIMUR AT BHABHUA 4. THE DISTRICT PROGRAMME OFFICER, BHABHUA, DISTRICT KAIMUR AT BHABHUA 5. THE CHILD DEVELOPMENT PROJECT OFFICER, CHAINPUR, DISTRICT KAIMUR (BHABHUA) 6. SHRI RAM LAL BIND, MUKHIYA, GRAM PANCHAYAT RAJ DUM-DUM, BLOCK CHAINPUR, DISTRICT KAIMUR AT BHABHUA ……………………………………………………………………………….RESPONDENTS ******** 2 20/04/2011 This application has been filed for quashing Annexure-7 by which the Director, Welfare Department has passed an order terminating the services of the petitioner who was working as Aanganbari Sevika on the ground that she was not performing her duties and she was absent from the Centre in question on 23.11.2007. The said order has been issued as there was a notification issued in the newspaper by the State Government that if Aanganbari Sevikas are not found performing their duties or are found absent from the Centre or do not distribute the take-home ration as prescribed under the Guidelines, they would be liable for termination without any show cause. This notification issued by the State 2 Government has probably been issued for the reason that the authorities wished to warn the Aanganbari Sevikas that they have to perform their duties deligently. In any event, on perusal of the Guidelines of 03.10.2006, it would appear that clause-10 specifically states that an Aanganbari Sevika or a Sahayika can be terminated after being given an opportunity to show cause. In the circumstances, I quash the order as contained in Annexure-7 issued under memo no. 267 dated 23.01.2008 and direct the District Magistrate, Kaimur to call for a report from the Child Development Project Officer and after hearing the petitioner and the Child Development Project Officer, pass orders within a period of three months from the date of receipt of the representation along with a copy of this order. The petitioner is directed to file a representation within a period of six weeks from today. In case, appointment has already been made on the post of Aanganbari Sevika in the Centre Sorangpur 1, then it would be necessary to issue notice to the appointed Aanganbari Sevika in this case. Although this Court has quashed the order but all consequential reliefs would depend upon the final decision taken by the District Magistrate, Kaimur. 3 This application is allowed to the extent mentioned aforesaid. Anand ( Sheema Ali Khan, J.)