IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1077 of 2010 In CWJC No. 12911 of 2007 With I.A. No. 5872 of 2010 ================================================ Sanju Kumari, W/o Shri Pramod Kumar, R/o Village Rasalpur, Mahugain, P.S. Gatehpur, Wazirganj, P.O. Tarwan, District- Gaya. ………………………………………..…… Respondent / Appellant Versus 1. The State of Bihar through the Secretary, Welfare Department, Govt. of Bihar, Patna. 2. Director, I.C.D.S. Directorate, Social Welfare Department, Patna. 3. Commissioner, Magadh Division, Gaya. 4. District Magistrate, Gaya. 5. District Programme Officer,Gaya. 6. Children Development Project Officer (C.D.P.O.), Wazirganj, District- Gaya ………………………. Respondents-Respondents 7. Sunita Kumari, W/o Shri Jitendra Kumar, R/o Village Rasalpur Mahugain, P.S.-Gatehpur, Wazirganj, P.O. Tarwan, District-Gaya …………………………………………….. Petitioner / Respondent. ================================================ Appearance: For the appellant: Mr Dr. Pankaj, Advocate. For the respondents: Mr Abhay Shanker Singh and Mr Amit Kumar Misra, Advocates. =============================================== CORAM: HONOURABLE THE CHIEF JUSTICE AND HONOURABLE MR JUSTICE JYOTI SARAN ORAL ORDER (Per : HONOURABLE THE CHIEF JUSTICE) 2. 17.09.2010. Re. LPA No. 1077/2010 & I.A. No.5872/2010. Heard the learned Advocates. This Appeal preferred under Clause 10 of the Letters Patent arises from the judgment and order dated 2 06.05.2010 passed by the learned single Judge in the above CWJC No. 12911 of 2007. Appellant before us is the respondent no. 7. Pursuant to the removal of the writ petitioner Sunita Kumari as Angan Bari Sevika of Village Rasalpur Mahugain, District Gaya, the appellant was appointed as Angan Bari Sevika. Removal of the writ petitioner as Angan Bari Sevika has been set aside by the learned single Judge on the ground of violation of principle of natural justice. It is not in dispute that the writ petitioner had not been given notice to show cause against the proposed removal. It cannot be gainsaid that the order of removal dated 22.08.2007 was made in violation of principle of natural justice. The order of the learned single Judge in that regard does not warrant interference. The second issue raised in the present Appeal is that the direction of the learned single Judge to set aside Clause 3 (Anga) of the Government Guidelines 2006 issued in respect of appointment of Angan Bari Sevika has been set aside as violative of Articles 14 and 16 of the Constitution. The very issue has been raised by the State Government in Letters Patent Appeal No. 1439 of 2010 arising from the impugned judgment and order dated 06.05.2010. The issue shall be dealt with in the said Letters Patent Appeal No. 1439 of 2010. Subject to the decision that may be taken in LPA No. 1439 of 2010 in respect of validity of Clause 3(Anga) of the aforesaid Guidelines of 2006, this Appeal is dismissed in limene. 3 Interlocutory Application No. 5872 of 2010 stands disposed of. Dilip ( R.M. Doshit, CJ ) ( Jyoti Saran, J )