IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6636 of 2011 Kunti Kumari @ Kunti Devi W/o Rajendra Singh, R/o village- Padriya PS- Surajpur, Distt.- Rohtas at Sasaram----Petitioner Versus 1. The State Of Bihar 2. Director, I.C.D.S. Social Welfare Depatt. Govt. of Bihar 3. District Magistrate, Rohtas at Sasaram 4. District Programme Officer, Rohtas at Sasaram 5. C.D.P.O. Suryapura, Rohtas at Sasaram-- ----------------------------------Respondents ---------------------------------- 2 27.9.2011 Heard learned counsel for the parties. Submission of the counsel with regard to the order of termination of the petitioner contained in annexure-1 is that the order of dismissal passed by the District Programme Officer, Rohtas from the post of Anganbari Sewika is de horse the law and against the principle of natural justice. Termination has been effected on the ground that on inspection carried out the concerned Sewika was not found distributing take home ration and in terms of the letter no. 1045 dated 15.5.2009 issued by the Director of I.C.D.S. such direction is permissible without any show cause or notice. The stand of the State in support of the order is based on the letter of the Director which has been annexed as annexure-B. This Court has serious reservation whether the letter of the Director contained in annexure-B permitting termination without notice or show cause can stand scrutiny of law, more so when the policy or the guidelines issued by the State of Bihar itself provides for notice, the right of hearing and passing of speaking order in case of such omission or commission committed by Sewika and Sahayika. 2 The Court has no hesitation in saying that such direction issued by the Director I.C.D.S. has to be declared ultra virus because the right of hearing is the basic essence of any rule or law and no person can be condemned without being given opportunity. From perusal of the impugned order contained in annexure-1it is evident that removal of the petitioner is based on the direction of the Director which has violated the rules of natural justice, therefore the order is set aside in so far as it relates to petitioner. This writ petitioner is allowed. However opportunity is given to the respondents that they shall exercise authority in accordance with law after giving an opportunity of show cause and hearing to the petitioner, if they want to pursue the matter any further. RPS (Ajay Kumar Tripathi, J.)