IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.18134 OF 2008 KARUNA DEVI, WIFE OF ARBIND KUMAR YADAV, RESIDENT OF VILLAGE CHILMIL, WITHIN GRAM PANCHAYAT SONEDIH BARAHAT NORTH, BLOCK BARAHAT, POLICE STATION BARAHAT, DISTRICT BANKA ……PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE SECRETARY, WELFARE DEPARTMENT, GOVERNMENT OF BIHAR PATNA 3. THE DIRECTOR, I.C.D.S. DIRECTORATE, GOVERNMENT OF BIHAR, PATNA 4. THE DISTRICT MAGISTRATE, BANKA 5. THE DISTRICT WELFARE OFFICER, BANKA 6. THE CHILD DEVELOPMENT PROGRAMMING OFFICER, BARAHAT, DISTRICT BANKA 7. SULAKHA DEVI, WIFE OF SHRI RANJAN YADAV, RESIDENT OF VILLAGE CHILMIL, POST OFFICE AND POLICE STATION BARAHAT, DISTRICT BANKA ………………………………………………………………………..RESPONDENTS ******** 2 05/05/2011 The petitioner is aggrieved by the order of the Director, Integrated Child Development Scheme dated 14.03.2008 by which the petitioner’s engagement as an Aanganbari Sevika has abeen terminated on the ground that she was absent from the Aanganbari Centre situated in village Chilmil Hindu Tola under Barahat block. The ground for terminating the engagement of the petitioner is that she was found to be absent from duty by the Child Development Project Officer. The Child Development Project Officer referred the matter to the Director, Integrated Child Development Scheme, who passed the order of termination. After receiving the order of termination, the petitioner filed an application before 2 the Child Development Project Officer stating that in fact she was present at the Centre and that the “take-home ration” had been distributed which would be apparent if the register is examined, which shows the signatures of the recipients. Clause 9 of the guidelines issued with respect to the Aanganbari Sevikas/Sahayikas stipulates as follows:- “lsfodk@lgkf;dk ij vuq’kklfud dkjZokbZ %& vkaxuckMh lsfodk@lgkf;dk }kjk vius drZO;ksa ds larks"kizn fuogZu ugha fd;s tkus] muds }kjk vfu;ferrk cjrs tkus] 15 fnuksa ls vf/kd vuqifLFkr jgus] vkijkf/kd ?kVuk esa 'kkfey gksus ij muls Lif"Vdj.k iwNdj cky fodkl ifj;kstuk inkf/kdkjh@ftyk Lrjh; vU; fujh{kh inkf/kdkjh mUgsa p;u eqDr djus dh vuq’kalk lk{;ksa lfgr ftyk inkf/kdkjh dks miyC/k djk,axs A ” In the light of Clause 9 of the guidelines, the Director, Integrated Child Development Scheme should either decide the matter himself or refer the matter to the competent authority as mentioned in Clause 9 of the guidelines. The petitioner should be given an opportunity of being heard in the matter considering that she had filed an application stating that in fact ration was distributed on the date of inspection. The petitioner is directed to produce a copy of this order before the Director, Integrated Child Development Scheme and the Child Development Project 3 Officer, Barahat. If a new incumbent has been appointed, it would perhaps be necessary to issue notice to the new incumbent. The matter should be disposed of within a period of four months from the date of receipt/production of a copy of this order. This writ application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )