IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12433 of 2008 RUBY KUMARI, WIFE OF SRI ABHAY SHANKAR PRASAD, RESIDENT OF AT P.O. DALMALPUR, P.S. AMOUR VIA JOKI HAT, DISTRICT PURNEA. --- PETITIONER Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, DEPARTMENT OF SOCIAL WELFARE, GOVERNMENT OF BIHAR, INDIRA BHAWAN, PATNA. 3. THE DIRECTOR, INTEGRATED CHILD DEVELOPMENT SCHEME, INDIRA BHAWAN, PATNA. 4. THE COMMISSIONER, PURNEA RANGE, PURNEA 5. THE DISTRICT MAGISTRATE, PURNEA 6. THE DISTRICT PROGRAMME OFFICER, DEPARTMENT OF INTEGRATED CHILD DEVELOPMENT SCHEME, PURNEA 7. THE DEPUTY DIRECTOR, INTEGRATED CHILD DEVELOPMENT SCHEME, PURNEA 8. THE CHILD DEVELOPMENT PROJECT OFFICER, K. NAGAR, PURNEA. --- RESPONDENTS ----------- 2 10.5.2010 The petitioner has challenged annexure-2 dated 1.12.2007 and the appellate order dated 5.2.2008, the order passed by the District Magistrate, Purnea and the Commissioner-cum-Secretary, Purnea Division. On perusal of the order of termination by the District Magistrate, Purnea, it appears that the petitioner has been terminated as she had not performed her duties and had not distributed the Ration under the take home scheme. The order impugned indicates that no show cause was issued to the petitioner. The principles of natural justice are mandatory and, therefore, the order of termination cannot be sustained as the petitioner ought to have been given an opportunity of hearing. The appellate order on the other hand indicates that the petitioner did not care to be present on the date on which the case was fixed for hearing although notice had been sent to the petitioner on 28.1.2007. Considering the fact that the petitioner was not given any show cause notice to appear before the District Magistrate, 2 Purnea, I find that the order dated 5.2.2008 cannot be sustained. I thus, direct that the petitioner should appear within a fort night before the District Magistrate, Purnea on receipt of a copy of this order. The District Magistrate, Purnea will issue notice to the concerned C.D.P.O. who must have recommended the termination of the petitioner on the ground that petitioner had not distributed food grains under the take home scheme. Counsel for the petitioner has submitted that in the mean time, one Amna has been selected as an Anganbari Sevika. A challenge has been made to the appointment of Amna on the ground that she is related to the Pramukh of the village which is against Sub- clause (Anga) of Clause 3 of the guidelines framed by the State Government for appointment etc. of the Anganbari Sevikas and Helpers. The District Magistrate, Purnea should dispose of the matter within a period of three months from the date of receipt/production of a copy of this order. This application is disposed of with the aforesaid observations. Sanjay (Sheema Ali Khan, J.)