IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.410 of 2009 ASHA DEVI wife of Shri Raghunandan Sharma R/O Village-Ghat Kushumbha, P.S.Korma, Distt-Shekhpura posted as Anganbari Sevika, Anganbari Centra Murbaria, Panchyat, Dihkusumbha, P.S.Murbaria, Distt- Shekhpura………Petitioner/Appellant. Versus 1. THE STATE OF BIHAR through District Magistrate, Shekhpura. 2. The Divisional Commissioner, Munger. 3. The Director, ICDS Directorate, Bihar, Patna. 4. The Child Development Project Officer, Ghatkushumba, Shekhpura………Respondents. ----------- 4. 27-Jul-09 Heard the parties on merits. 2. On behalf of the appellant two grounds were raised before us to challenge the order dated 28.4.2008 contained in Annexure-5 to the writ petition whereby the Director of ICDS Directorate, Social Welfare Department, Government of Bihar cancelled the selection of some Anganbari Sevikas of Shekhpura District including that of the appellant/writ petitioner. 3. According to learned counsel for the appellant the said order was without giving any opportunity of show-cause or hearing to the appellant and under Circular dated 3.10.2006 the power to terminate the engagement of Anganbari Sevika is vested with the District 2 Magistrate of the concerned district and not the Director. 4. There is no dispute that under the policy decision framed by the concerned Director action has been taken against the appellant also without affording any opportunity of hearing because allegedly some urgent scheme required the presence of the appellant and Anganbari Sevikas but the appellant was found absent. 5. Whatever be the nature of allegation, the principle of natural justice could not have been ignored on account of policy decision by the concerned Director that no opportunity of hearing shall be given in case of dereliction of duty in certain circumstances. The right of hearing which is a part of natural justice before somebody is subjected to an order having adverse effect has been held to be a right flowing from requirement to act fairly flowing from Article 14 of the Constitution of India. 6. In view of the apparent violation of 3 principles of natural justice, the impugned order contained in Annexure-5 to the writ petition in so far as it relates to the appellant is quashed. 7. The order under appeal dismissing the writ petition in liminae is accordingly set aside. 8. Since the impugned order has been quashed on the ground that no opportunity of hearing was given to the appellant, the matter requires to be remitted to concerned authority. Since the appellant has taken the stand that competent authority is District Magistrate, hence accepting that stand, the matter is remitted to the District Magistrate, Shekhpura who shall give an opportunity of hearing to the appellant in respect of charges levelled against her and pass appropriate orders in accordance with law at an early date preferably within a period of four months from the date of production/communication of a copy of this order. 4 9. Consequential benefits to the appellant shall abide the decision of the District Magistrate which he may pass in accordance with law in pursuance of this order. perwez (Shiva Kirti Singh, ACJ.) (Anjana Prakash,J.)