IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14110 of 2008 Sangita Devi @ Sangita Kumari, Wife of Sri Akhilesh Kumar, resident of village Saleyan Tola, P.O. Akorhigola, P.S.Akorhigola, District Rohtas (Bihar)…………………………………………………………………….……..Petitioner Versus 1. The State Of Bihar. 2. The Medical Officer, Primary Health Centre, Akorhi Gola, P.O. Akorhi Gola, District Rohtas. 3. The Civil Surgeon-cum-Secretary, District Health Committee, District Rohtas (Sasaram). 4. The Block Development Officer, Block Akorhigola, District Rohtas. 5. The District Magistrate, District Rohtas (Bihar). 6. The Medical Officer, Primary Health Centre, Dehri, District Rohtas………………..………………Respondents ---------------------------------- For Petitioner: Mr.Fulman Singh, Advocate For State: Mr. Atal Bihari Pandey, A.C. to A.A.G.12 2 05.08.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. It appears that, onn the basis of an enquiry report as contained in Annexure-6, an order was passed by the Collector - cum - Chairman, District Health Society for termination of services of petitioner which was communicated by the Civil Surgeon through letter No.111 dated 10.04.2008 as contained in Annexure- 10. Paragraph 5 of the Guidelines contains provisions for cancellation of 2 appointment of an Asa Worker by the Collector-cum-Chairman, District Health Society on the basis of an enquiry report. It is submitted by learned counsel for the petitioner that though petitioner was present at the time of inspection but, before termination of her services, she was not given any opportunity to be heard and to file her show cause. The counter affidavit does not show that this requirement of law was complied with by the respondents in the matter. However, since from the enquiry report it appears that by making interpolation in the register, selection of the petitioner was made by the Mukhiya, this Court is not inclined to quash the impugned order at this stage. However, this Court directs the Collector-cum-Chairman of the District Health Society to give petitioner an opportunity to be beard in the matter within four weeks from the date of receipt / production of a copy of this order and hear her and thereafter to pass a fresh speaking order in the matter in accordance with law. The decision must be taken by 3 the Collector in the matter within two months from the date of appearance of the petitioner. The writ application is disposed of with the aforesaid observations and directions. BT (J. N. Singh, J.)