IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5290 of 2010 1. SMT. KUMKUM DEVI W/O SRI PRAMOD KUMAR SINGH R/O VILLAGE + P.O. + P.S.- NAWANAGAR, DISTT.- BUXAR, AT PRESENT ANGANWARI SEWIKA JADAV/KOYARI TOLA, CENTRE NO.2, NAWANAGAR, PANCHAYAT + BLOCK + P.S. NAWANAGAR, DISTT.- BUXAR Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, VIKAS BHAWAN, PATNA 3. THE DIRECTOR INTEGRATED CHILD DEVELOPMENT SCHEME (I.C.D.S.) BIHAR, PATNA, VIKAS BHAWAN, PATNA 4. THE DISTRICT MAGISTRATE BUXAR 5. THE DISTRICT PROGRAMME OFFICER, BUXAR 6. THE SUBDIVISIONAL OFFICER DUMRAON, DISTT.- BUXAR 7. THE CHILD DEVELOPMENT PROJECT OFFICER NAWANAGAR, DISTT.- BUXAR 8. THE GRAM PANCHAYAT RAJ, NAWANAGAR THROUGH ITS PANCHAYAT SECRETARY 9. THE MUKHIYA, GRAM PANCHAYAT RAJ, NAWANAGAR 10. GRAM PANCHAYAT SECRETARY, DISTT.- BUXAR 11. SMT. GANGOTRI DEVI W/O OM PRAKASH SINGH KUSHWAHA VILLAGE + P.O. + P.S.- NAWANAGAR, DISTT.- BUXAR ----------- 2. 18.11.2010 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 3.2.2010 terminating her service as an Aganwari Sewika alleged to be in violation of the principles of natural justice. The objection to the lack of jurisdiction on part of the District Programme Officer is answered by the judgment of the Division Bench delivered only on 16.2.2010, subsequent to the present order. Therefore, the present matter can easily be examined by the District Magistrate in appeal. The impugned order states that it was being 2 issued in pursuance of a complaint made in the Janta Darwar of the Chief Minister. There is no discussion in the impugned order that any show cause notice was issued to the petitioner and consideration of any reply that may have been given by her or the recitals that she refused to reply. This has to be read coupled with the assertion made in the writ petition for violation of the principles of natural justice. This application is disposed with the direction that let the petitioner file an appeal before the District Magistrate within a period of 30 days from today. The District Magistrate after examining the original records shall record a preliminary finding within two weeks if any show cause notice was issued and served upon the petitioner. If he is satisfied that it was not done, he shall forthwith order reinstatement of the petitioner within a period of two weeks. This shall be without prejudice to the rights of the respondents to thereafter proceed afresh in accordance with law. If within this period of two weeks the District Magistrate passes a reasoned order that show cause notice was issued and served upon the petitioner to which she did not reply, in that event, the District Magistrate shall then proceed to hear the petitioner on merits within a maximum period of three 3 months from the date of receipt/production of a copy of this order along with others concerned. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)