IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3738 of 2009 Tara Devi, Wife of Dhambir Paswan, resident of village Baltherba, P.O. + P.S. Pipra Kothi, District East Champaran…………Petitioner Versus 1. The State Of Bihar. 2. The Commissioner cum Secretary, Social Welfare Department, Govt. of Bihar, Patna. 3. The Director, Social Welfare Department, Govt. of Bihar, Patna. 4. The District Magistrate, East Champaran, District East Champaran 5. District Welfare Officer, East Champaran, District East Champaran. 6. The Child Development Project Officer, Pipra Kothi, District East Champaran………Respondents ----------- For the Petitioner: M/s Sharda Nand Mishra, & Dhananjay Kumar Gupta, Advocates For the State : Mr. Lakmesh Marvind, A.C. to S.C. 9 2 11.02.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. From the counter affidavit it appears that after the Centre of the petitioner was inspected, report was submitted by the District Welfare Officer, who ultimately led to cancellation of her engagement by the impugned order of the Director, Social Welfare Department, I.C.D.C. Directorate, Bihar, Patna, as contained in Annexure-5. This all process went on behind the back of the petitioner is not disputed. Hence, a gross violation of Principles 2 of Natural Justice has been committed in the matter. The impugned order of the Director is, hence quashed. Petitioner will consider the report of the District Welfare Officer, East Champaran, as contained in Annexure-A with the counter affidavit, as show cause notice and shall file her reply before the District Welfare Officer. Thereafter the matter will be referred to the Collector which is now the competent authority to issue any disengagement order of Anganwari Sevikas. The Collector, on receipt of the records, shall issue notice to the petitioner, hear the parties and thereafter shall pass final orders in accordance with law preferably within the time limit fixed under the guidelines for hearing of the appeals/representations by him. In case the matter is not finally decided by the Collector within three months, the petitioner shall stand restored in her engagement. This application is allowed to the extent, as indicated above. BT (J. N. Singh, J.)