IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5029 of 2010 1. INDU KUMARI W/O SHYAM KISHORE PASWAN R/O VILLAGE- MARWA, P.S - HILSA IN THE DISTRICT OF NALANDA – Petitioner. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF SOCIAL WELFARE , GOVT. OF BIHAR , PATNA 2. THE DIRECTOR , I.C.D.S, DIRECTORATE, SOCIAL WELFARE DEPARTMENT , GOVT. OF BIHAR , PATNA 3. THE DISTRICT MAGISTATE CUM COLLECTOR NALANDA AT BIHARSHARIF 4. THE DISTRICT PROGRAMME OFFIER, NALANDA 5. THE CHILD DEVELOPMENT PROJECT OFFICER, HILSA IN THE DISTRICT OF NALANDA AT BIHARSHARIF – Respondents. ----------- 2 19.4.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is aggrieved by order contained in memo no. 753, dated 31.12.2009 (Annexure 4) passed by the District Programme Officer, Nalanda. The petitioner was appointed as Aangan Bari Sevika. On inspection it was found that she was absent from duty on various dates. Apart from this the District Programme Officer also found that the petitioner was not performing her duty in as much, it was incumbent upon her to distribute the meal as provided under ‘Samekit Baal Seva Yojna Antargat Sevika / Sahaika Ke Chayan Sambandhi Margdarshika, 2008. Clause 9 of the said guide lines provides that if an Aangan Bari Sevika or Sahaika is not performing her duties, is absent for more than fifteen days, is involved in criminal cases, then a show cause notice should be issued to her by the Child Project Development Officer or any officer in the district level Incharge of such works which perhaps include the District Programme Officer and such 2 officer may refer the matter to the District Magistrate for proper action. Clause 10 provides that after receiving the recommendation of the officer as described at clause 9, the District Magistrate would pass a speaking order after hearing the person concern. Clause 11A provides for an appeal against the order of the District Magistrate before the Commissioner of the Division. Ultimately it is the District Magistrate who is the authority to pass an order dismissing an Aangan Bari Sevika / Sahaika for the reasons mentioned in clause 9 of the guide lines aforesaid. The impugned order, dated 31.12.2009 although is speaking order, has been passed ex parte by the District Programme Officer who could have only passed an order recommending the termination of service of the petitioner to the District Magistrate. The power to pass an order of termination of an Aangan Bari Sevika is vested with the District Magistrate, after giving her an opportunity to the incumbent to be heard in the matter before orders of termination are issued.. Accordingly, the impugned order, dated 31.12.2009 is hereby quashed and the matter is remitted back to the District Programme Officer, Nalanda who may pass an order recommending the termination of the petitioner, if he thinks it fit and proper. On receipt of the recommendation the District Magistrate shall act in accordance with clause 10 of the guide lines mentioned aforesaid and pass appropriate orders after following the procedures of natural justice. 3 This application is disposed of with the aforesaid observations and directions. haque (Sheema Ali Khan, J.)