IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.20881 of 2010 MOSTT.PREMLATA SINHA @ PREM LATA DEVI, WIFE OF LATE KAILASH PRASAD, RESIDENT OF VILLAGE BHOKILAPER, POLICE STATION – HILSA, DISTRICT – NALANDA. AT PRESENT SEWIKA, BHOKILAPER, THANA NO. – 71, PANCHAYATRAJ YOGIPUR, HILSA, DISTRICT – NALANDA. …………. PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE DISTRICT MAGISTRATE, NALANDA. 2. THE DISTRICT PROGRAMME OFFICER, NALANDA. 3. THE CHILD DEVELOPMENT PROJECT OFFICER, HILSA, DISTRICT – NALANDA. ………………. RESPONDENTS. ----------- 02/ 03.01.2011 Petitioner’s case is that she was appointed as Anganwari Sevika by observing the formalities on 1.9.1997 since then she has continuously discharged her responsibilities. After 10 years without any rhyme or reason, merely on a complaint filed by one Sharmila Kumari, the respondent C.D.P.O., Hilsa issued a show cause notice contained in Memo No. 794 dated 23.9.2010 and has also stopped payment of honorarium and poshahar to the petitioner, despite the fact that till date no final order has been passed. Petitioner has challenged the impugned show cause notice on the ground that it is malicious and a pre-planning for cancelling the petitioner’s appointment, made long time back in the year 1997. Considering the fact that final order has to be passed by the authority and it is simply a show cause notice, the petitioner had two options. She could have filed her show 2 cause explaining the situation before the C.D.P.O., Hilsa. That option has already been exercised by the petitioner and as informed till date no further order has been passed. Other option before the petitioner was to file appeal before the District Magistrate, who is the appellate authority. Considering the fact that the writ application filed by the petitioner is pre-mature, this application is being disposed of. Show cause filed by the petitioner, pending before the C.D.P.O., Hilsa is directed to be decided and disposed of preferably within three weeks from the date of presentation of this order before the authority concerned. Till final order is passed the respondent-authorities will not take any coercive action against the petitioner, no steps will be taken for fresh appointment, by the respondents, till appointment of the petitioner is not found to be illegal. The respondent-authorities will also consider the legality of complaint filed after more than 13 years of the petitioner’s appointment. This application is, accordingly, disposed of. DKS/ (Mridula Mishra, J.)