IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14167 of 2009 PRATIMA DEVI Versus THE STATE OF BIHAR & ORS ----------- 2. 09.11.2009 Heard learned counsel for the petitioner and the State. The grievance of the petitioner is that a show cause notice was issued by the District Programme Officer with regard to her services as Anganbari Sevika, which was replied too but without any hearing by the District Programme Officer, final order has been passed by him in pursuance of the directions of the District Magistrate. Learned counsel for the State submits that the petitioner can prefer appeal before the District Magistrate. If the District Programme Officer is the authority competent to inquire into the issues of appointment/termination of Anganbari Sevika and appeal lies against his order before the District Magistrate, surely the petitioner can be stated to have been prejudiced if the order has been passed by the appellate authority directly himself. If the District Programme Officer has abrogated his power and is acting at the behest of another, such an order has been held to be without application of mind. Additionally, the issue arises of principles of natural justice when the show cause is issued by one, reply submitted before him and the impugned order passed by another. The impugned order dated 17.8.2009 on the very recitals contained therein in 2nd paragraph is, therefore, not 2 sustainable. It is, accordingly, set aside. The District Programme Officer is now directed to pass fresh appropriate reasoned and speaking order, when he shall be adequately liable to deal with and consider Annexure-4 of the writ application dated 5.9.2008 issued by the Sub-divisional Officer after inquiry and the report of the Mukhia and Secretary also at Annexure-6. Let such consideration be done and fresh appropriate orders be passed within a maximum period of two months from the date of receipt and/or production of a copy of this order before him. The appeal shall then lie against the same before the District Magistrate. Considering patent illegality on which the order of termination is based, any developments with regard to the post on which the petitioner was working shall not prejudice her in any manner in the event that the authorities ultimately hold that her termination was not valid. The writ application stands allowed with the above directions. AKS/ (Navin Sinha, J.)