IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8444 of 2008 Jaymalti Devi, wife of ram Prasad Seth, village Kathej, PS Mohania, District Kaimur at Bhabhua – Petitioner. Vs. 1) The State of Bihar, 2) The Director, ICDS Directorate Social Welfare Department, Bihar, Patna. 3) The Dist. Magistrate, Kaimur. 4) The Programme Officer, Kaimur, 5) The Child Dev. Project Officer, Mohania, Kaimur. 6) The Circle Officer cum B.D.O., Mohania, Kaimur – Respondents. 2 17.5.2011 The petitioner is aggrieved by order, dated 23.1.2008 issued by the Director, Social Welfare, Bihar by which her engagement as Aanganbari Sevika has been terminated. Two grounds have been taken for challenging the impugned order. It is firstly submitted that no show cause notice was given to the petitioner and, therefore, she was deprived of the opportunity to explain the allegations against her. The reason for not giving a show cause as stated by the Director is that there was an advertisement in the new paper that the Aanganbari Sevikas/ Sahaikas who were not performing duties as per the guide lines would not be entitled for issuance of a show cause. Clause 9 of the 2006 rules indicates that the C.D.P.O. or any officer at the local level may issue a show cause to the Aanganbari Sevika for dereliction of duty and after hearing her recommend for termination. The District Magistrate shall pass an order of termination. In this case no show cause was given and the provisions of the guide lines have not been followed. I accordingly quash the order, dated 23.1.2008 with a direction to the Director, Social Welfare transfer the records to the 2 C.D.P.O. or any authority under clause 9 of the guide lines with his recommendation. The petitioner should be issued a show cause and thereafter an order may be passed under clause 10 of the guide lines. The petitioner will have the liberty to produce a copy of this order before the Director, Social Welfare. The Director will send the records for verification to the concerned authority within three weeks. The concerned authority will pass appropriate order, after giving the petitioner an opportunity, within four months on receipt of the records. This writ petition is disposed of with the aforesaid observation. haque ( Sheema Ali Khan, J.)