IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1269 of 2007 Parwati Devi, W/o Sri Pramod Kumar, resident of village Musapur, P.S. Barbigha in the district of Sheikpura … Petitioner Versus 1. The State Of Bihar through its Secretary Rural Development, Govt. of Bihar, Patna 2. The District Magistrate, Sheikhpura 3. Civil Surgeon cum Chief Medical Officer, Sheikhpura 4. The District Panchayati Raj Officer, Sheikhpura 5. The Incharge Medical Officer Barbigha, Sheikhpura 6. The Secretary Pank Grampanchayat 7. Sri Raj Kumar Singh, Mukhiya Pank Par Grampanchayat, Sheikhpura … Respondents ----------- 2. 26.7.2011 Heard counsel for the parties. Having regard to the fact that the engagement of the petitioner as an Asha Health Worker was cancelled without any notice and/or opportunity of hearing, this Court would find it difficult to approve the impugned order terminating the services of the petitioner. From the counter affidavit it transpires that when the petitioner was engaged on the post of Asha Health Worker there was a complaint filed by one Ashalata Sinha that such selection and appointment of the petitioner was contrary to the Government instructions and that it was she who had to be engaged by removing the 2 petitioner. It appears that on this application of Ashalata Sinha the Civil Surgeon of the District had got an enquiry made through the In-charge Medical Officer of Primary Health Centre, Barbigha (Sheikhpura) and having received an adverse report against the petitioner had directed for cancellation of selection and engagement of the petitioner. It thus becomes clear that the impugned order was passed without giving any notice and/or opportunity of hearing and consequently the impugned order, as contained in Annexure 3, cannot be approved and is hereby quashed. The person, who has been appointed in place of the petitioner, namely, Ashalata Sinha, the complainant, who had assailed the selection and appointment of the petitioner, is not a party to this application and thus, when this Court has quashed the order of termination of services of the petitioner on the ground of violation of principles of natural justice, it would also find it expedient in the ends of justice to direct the Collector of Sheikhpura District to 3 issue notice to Ashalata Sinha as also hear the petitioner for taking a fresh decision as to whether the engagement of the petitioner was made as an Asha Health Worker by following prescribed procedure and the Rules laid down by the Government and if it is found by him that there was no flaw in the selection and engagement of the petitioner he having heard the petitioner and Ashalata Sinha as also the concerned authorities would pass an order for reinstating the petitioner back in service and removing Ashalata Sinha but it is found by him that the selection and appointment of the petitioner was not made in the prescribed manner he would simply reject the case of the petitioner by passing a reasoned order and in that event the selection, engagement and continuation of Ashalata Sinha shall not be disturbed. It goes without saying that the matter has been simply remitted back to the Collector of the District and the petitioner will not be entitled for any financial benefit even if ultimately she is taken back in service after recording a finding in her 4 favour that her selection and appointment was justified. It is made clear that even if Ashalata Sinha has not been engaged and appointed in place of the petitioner she will have to be given notice and heard before taking a final decision on the claim of the petitioner. Additionally the Collector may hear any other person who may have been subsequently appointed on the post vacated by the petitioner after her removal from service. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/