IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4371 of 2010 1. SMT. MEENA KUMARI W/O SRI RAM PRASAD SAHNI R/O VILL.- SEWESINGPUR, POST BUJURGDHAR, AANGANWARI CENTRE NO. 231 PANCHAYAT SEWESINGPUR BLOCK KHANPUR, DISTT.- SAMASTIPUR Versus 1. THE STATE OF BIHAR, THROUGH THE COMMISSIONER CUM SECRETARY, SOCIAL WELFARE DEPARTMENT, BIHAR, PATNA 2. THE COMMISSIONER, DARBHANGA DIVISION, DARBHANGA 3. THE DISTRICT MAGISTRATE, SAMASTIPUR 4. THE CHILD DEVELOPMENT PROJECT OFFICER, KHANPUR BLOCK DISTT.- SAMASTIPUR 5. THE DISTRICT PROGRAMME OFFICER, SAMASTIPUR ----------- 2/ 05/10/2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the order of the District Magistrate dated 2.7.2009 removing her from the post of Angan Bari Sevika for dereliction in discharge of duties. Her appeal before the Commissioner has been declined on grounds of lack of jurisdiction. The power to remove an Angan Bari Sevika for dereliction in discharge of duties primarily rests in the District Programme Officer. That too, is required to be done in compliance with the principles of natural justice, as held by a Division Bench of this Court reported in 2004(2) P.L.J.R. 833 (Smt. Sajjan Devi & Ors. vs. State of Bihar & Ors.) The District Magistrate is the appellate authority. The impugned order by the appellate authority himself deprives the petitioner of the remedy of an appeal also. - 2 - Further more, from the recitals in the order dated 2.7.2009 it is held that it is in violation of the principles of natural justice. The impugned order dated 2.7.2009 is accordingly set aside. The matter is remanded to the District Programme Officer who shall proceed to issue a show cause notice to the petitioner within one week from the date of receipt/presentation of a copy of this order before him. The petitioner shall furnish her reply within such reasonable time as the District Programme Officer may grant. Let fresh orders be passed by the District Programme Officer, reasoned in nature, within a maximum period of three months from the date of receipt/presentation of a copy of this order. The writ application stands allowed. KC ( Navin Sinha, J.)