IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10862 of 2007 SUSHILA KUMARI, WIFE OF SHRI SHYAMAL KISHORE MANJHI, RESIDENT OF VILLAGE-BARKAGAON, P.O.- BARKAGAON, P.S.-PACHRUKHI, DISTRICT- SIWAN ………………. PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE DIRECTOR, SOCIAL WELFARE BIHAR, PATNA 3. THE DEPUTY DIRECTOR, WELFARE SARAN DIVISION, CHAPRA 4. THE COMMISSIONER, SARAN DIVISION, CHAPRA 5. THE DISTRICT PROGRAMME OFFICER, SIWAN 6. THE DISTRICT MAGISTRATE, SIWAN, DISTRICT-SIWAN 7. THE DEPUTY DEVELOPMENT COMMISSIONER, SIWAN 8. CHILD DEVELOPMENT PROJECT OFFICER, PACHRUKHI, DISTRICT-SIWAN 9. AREA INSPECTOR, SAMEKIT BAL VIKAS SEVA YOJNA, PACHRUKHI, SIWAN 10.BACHI DEVI, W/O JAWAHARLAL GUPTA, RESIDENT OF BARKAGAON, P.S.-PACHRUKHI, DISTRICT-SIWAN ………………. RESPONDENTS For the Petitioner: Mr. Sanjeev Nikesh, Adv. For the State: Mr. Mohan Kumar Singh, AC to G.P.-20 For the Private Respondent: Mr. Ranjeet Kumar, Adv. ----------- 05. 17.05.2011 Heard learned counsel for the petitioner and the State. Petitioner has prayed for quashing of the Order, dated 19.04.2007, issued by the C.D.P.O., Pachrukhi, Siwan, directing to hand over charge of the post to Respondent No. 10. Counsel for the petitioner submits that the impugned order, in effect, is an order of termination and selecting Respondent No. 10 for the post of Anganbari Sevika. Order is alleged to have been 2 issued without there being any resolution of Aam Sabha, canceling petitioner’s selection as Anganbari Sevika and without any show-cause notice to the petitioner. The C.D.P.O. has passed the impugned order in complete violation of the provision relating to selection and termination of an Anganbari Sevika in the Guidelines for selection of Anganbari Sevika / Sahayika. Till date no Counter Affidavit has been filed on behalf of Respondent State, as such matter is being remitted back to the Collector, Siwan with a direction to examine the legality of the order, dated 19.04.2007, passed by the C.D.P.O., Pachrukhi, Siwan. In case it is found that there was no resolution of Aam Sabha to this effect, the impugned order shall be set aside by the Collector. The Collector, while examining the issue, will also consider whether any show-cause notice was issued to the petitioner before issuing the termination order, especially when the petitioner had already been selected for the post and after undergoing training, was discharging the responsibilities attached to the post. On remand, the Collector will pass necessary Orders within 8 weeks from the date 3 of receipt / communication of this Order. The Order will be passed after giving proper notice to all concerned, i.e., the petitioner, Mukhiya and the other Authorities of the Gram Panchayat, C.D.P.O. and Bachi Devi, Respondent No. 10. SKM (Mridula Mishra, J.)