CIVIL WRIT JURISDICTION CASE No.4120 OF 1993 ******* MADHU DEVI, WIFE OF SRI RAM LAKHAN PRASAD, RESIDENT OF VILLAGE ALUDICHAK, P.S. AMAS, DISTRICT GAYA AT PRESENT POSTED AS ANGANBARI SEWIKA, KURASIN AMAS, DISTRICT GAYA. ----- PETITIONER Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR, SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, GAYA 4. THE DISTRICT PROGRAMME OFFICER, SOCIAL WELFARE DEPARTMENT, GAYA 5. THE CHILD DEVELOPMENT PROJECT OFFICER, AMAS, GAYA 6. KAMLA DEVI, WIFE OF SRI LOHRI, RESIDENT OF VILLAGE KURASIN, P.S. AMAS, DISTRICT GAYA. …………………………………………. RESPONDENTS For the Petitioner :- Mr. Subodh Prasad, Advocate For the State :- Mr. A. K. Jha, G.A. 2 Mr. B.N. Mishra, A.C to G.A. 2. ******* P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN O R D E R Sheema Ali Khan, J. The petitioner has challenged the order dated 6.4.1993 by which she has been terminated from the post of ‘Aanganbari Sevika’ in Kurasin, Amas within Sherghati block in the district of Gaya as per the directions of the District Programme Officer vide his letter no. 28 dated 22.3.1993. The grounds for termination are two folds. Firstly it is said that the petitioner does not belong to the village where the appointment was made and 2 secondly it is said that the petitioner was not performing her duties of ‘Aanganbari Sevika’ satisfactorily. Counsel for the petitioner refers to the old Rules which have not been produced or annexed in this case. The present Rules envisage that the District Magistrate has the authority to terminate a person from services on the recommendation of the Chief Development Project Officer or the District Programme Officer. In any event, this Court has no way of knowing whether the allegations are true or not and this could be the subject matter of examination by the competent authority. The termination letter is of the year 1993 and thereafter the respondent no. 6 has been appointed and is working as an ‘Aanganbari Sevika’. The aforesaid facts should be ascertained by the District Magistrate and he should pass an appropriate order on representation filed on behalf of the petitioner. (a) The District Magistrate will see whether there is vacant post available. (b) The District Magistrate will examine whether Kamla Devi is working on the post of ‘Aanganbari Sevika’ (c) Whether she fulfils all the conditions as required for holding the post of ‘Aanganbari Sevika’. (d) Whether the allegations made of non performance of the work of the ‘Aanganbari Sevika’ 3 are correct. (e) Any other reason which is thoughtful by the District Magistrate thinks as essential in the facts of this case. This application is disposed of with the aforesaid observations and directions. (Sheema Ali Khan, J.) Patna High Court Dated, 20th April, 2010 N.A.F.R./SANJAY