IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3618 of 2007 Rajmani Sinha W/o Bhupendra Kumar, resident of Harijan Toli, Karbigahia, P.S. Jakkanpur, Town and District- Patna … …. Petitioner Versus 1. The State Of Bihar 2. District Magistrate, Patna 3. Child Development Project Officer, Patna Sadar, Patna …. …. Respondents ---------------------------------- 02/ 16.09.2011 Heard learned counsel for the petitioner and the State. 2. At the relevant time, petitioner served as Anganwari Sewika at Centre No. 97, Karbigahia, Patna. She has filed this writ petition challenging the order, bearing Memo No. 98 dated 25.1.2007, Annexure-8 passed by the then District Magistrate, Patna removing the petitioner from the post of Anganwari Sewika on the ground that the allegation levelled against her that she remained absent from the Centre on 16.5.1995, 3.5.2005, 7.7.2005, 23.7.2005, 26.9.2005, 24.7.2006 and the Centre remained closed on those dates, has been found to be correct, as petitioner did not dispute the allegation in spite of service of notice, bearing Letter No. 796 dated 2 16.12.2006, Annexure-1 asking her to submit show cause reply before the then District Magistrate, Patna on 30.12.2006 at 4.00 P.M. 3. It is submitted on behalf of the petitioner, with reference to the averments made in paragraph 8 of the writ petition, that petitioner appeared in the office of the District Magistrate, Patna on 30.12.2006 at 4.00 P.M. to file her show cause reply but as the District Magistrate, Patna was on leave on that date, reply to the show cause notice dated 16.12.2006, Annexure-1 could not be filed and petitioner heard in support of the reply. 4. Perusal of the termination order also indicates that the same has been passed only on the ground that petitioner failed to refute the charges levelled against her in the notice dated 16.12.2006, Annexure-1 by appearing before the District Magistrate, Patna on 30.12.2006 at 4.00 P.M. In response to the averments made in paragraph 8 of the writ petition that the petitioner appeared in the office of the District Magistrate, Patna on 30.12.2006 at 4.00 P.M. to file her show cause reply in response to 3 the show cause notice dated 16.12.2006, Annexure-1 and the District Magistrate, Patna was not available in his office on 30.12.2006 to consider the show cause reply and to grant personal hearing to the petitioner, it has been stated in the counter affidavit that the show cause should have been submitted before the subordinates of the District Magistrate, like the I/C A.D.D.D., District Magistrate, the District Programme Officer, the Child Development Project Officer. Perusal of notice bearing Letter No. 796 dated 16.12.2006, Annexure-1 clearly indicates that in the last paragraph of the said notice, direction has been made that the cause should be shown before the District Magistrate, Patna and not before his subordinates. It is, thus, evident that on 30.12.2006 at 4.00 P.M., the date and time fixed in the notice dated 16.12.2006, Annexure-1, the District Magistrate, Patna was not available in his office to consider the show cause reply of the petitioner and she could not submit her show cause reply before the District Magistrate, Patna for the reason of his absence from the office on 30.12.2006 at 4.00 P.M. It is, thus, quite 4 evident that the petitioner was prevented from submitted her show cause reply before the District Magistrate, Patna on 30.12.2006, as was directed under notice dated 16.12.2006, Annexure-1 on account of the failure of the then District Magistrate, Patna to be present in the office on the date fixed. On account of failure of the then District Magistrate, Patna to be available in the office on the date fixed, another date should have been fixed for consideration of the show cause reply of the petitioner before passing the impugned order dated 25.1.2007, Annexure-8 so as to enable the petitioner to submit her show cause reply as also for giving her opportunity of being heard. 5. For the reasons aforesaid, I have no option, but to set aside the impugned order dated 25.1.2007, Annexure-8, which is, accordingly, set aside directing the petitioner to appear before the District Magistrate, Patna on 26.9.2011 and to submit her show cause reply on the same day, whereafter the District Magistrate, Patna may proceed to consider the show cause reply and hear the petitioner on the 5 same date or on a date convenient to the District Magistrate but in any case within one month from the date of appearance of the petitioner before the District Magistrate and pass appropriate order in accordance with law. So far payment of arrears of honorarium for the period between 25.1.2007 till 26.9.2011 is concerned, the same shall depend upon the final order passed by the District Magistrate, Patna. 6. The writ petition is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)