IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6412 of 2008 PINKI KUMARI Versus THE STATE OF BIHAR & ORS ----------- 2 29.7.2008 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 21.2.2008 terminating her service as Anganbari Sevika. Learned counsel for the State raised a preliminary objection with regard to alternative remedy of appeal before the Judicial Commissioner being available to the petitioner against the impugned order. Counter affidavit has been filed .There is no denial with regard to the issue of fact of non-compliance of clause l1(a) by the District Magistrate. Learned counsel for the petitioner submitted that the order was in violation of the principles of natural justice inasmuch as no opportunity has been given by the District Magistrate to the petitioner to defend herself and the District Magistrate simply acted on a report submitted to him by the S.D.O. with regard to the issue of appointment of the petitioner. The Court finds substance in the contention of the - 2 - petitioner with regard to the preliminary objection raised on behalf of the State. The order being in violation of the principles of natural justice, no useful purpose shall be served by relegating the petitioner to the remedy of appeal. Clause 10 of the guideline of the year 2006 for appointment of Anganbari Sevika specially provides that any proposal for removal of an Anganbari Sevika when placed before the District Magistrate, the latter shall provide an opportunity to the concerned Anganbari Sevika to defend herself and thereafter pass a speaking order. From a bare perusal of the impugned order dated 21.2.2008 it is apparent that the District Magistrate has acted simpliciter on the enquiry report of the SDO as placed before him and no opportunity was given by the District Magistrate to the petitioner to place her defence. The impugned order dated 21.2.2008, in the present form, is therefore not sustainable as being contrary to the provision under clause 10 of the guidelines. The order dated 21.2.2008 is accordingly set aside for that limited purpose and the matter is remanded to the District Magistrate, Patna (Respondent no.2) to hear the petitioner afresh and pass a - 3 - fresh orders in accordance with law preferably within a period of two months from the date of receipt/production of a copy of this order. The writ application stands disposed. shahid (Navin Sinha,J )