IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7059 of 2010 1. NIRMALA DEVI @ NIRMALA KUMARI W/O SRI NAGESHWAR SINGH R/O VILL.- RAJGURU, P.S.- TARAPUR, DISTT.- MUNGER Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY SOCIAL WELFARE, GOVERNMENT OF BIHAR, PATNA 2. THE DIVISIONAL COMMISSIONER, MUNGER 3. THE DISTRICT MAGISTRATE, MUNGER 4. THE DISTRICT PROGRAMME OFFICER, MUNGER 5. THE CHILD DEVELOPMENT PROJECT OFFICER, TARAPUR, DISTT.- MUNGER ----------- 2 19.01.2011 By order passed by the District Magistrate, Munger dated 21.1.2008, as contained in Annexure-4, petitioner has been disengaged as Anganwari Sevika on the ground that she has been suffering from prolonged illness. Against the said order, petitioner moved the Commissioner in appeal. But, her appeal was rejected, vide Annexure-5, by the Commissioner on the ground of want of jurisdiction. Learned counsel for the petitioner submits that the petitioner was disengaged by the District Magistrate by the impugned order without giving any opportunity to her in compliance with the Principles of Natural Justice. From the order also, it does not appear that any notice was issued to the 2 petitioner or any opportunity was afforded to her to present her case before the District Magistrate. In the circumstances, the order of the District Magistrate, as contained in Annexure-4, is set aside so far as petitioner is concerned and the matter is remitted back to the District Magistrate to give an opportunity to the petitioner to be heard and thereafter pass fresh orders. In case somebody is already appointed in place of the petitioner, he shall give an opportunity to the new appointee also before any orders are passed. Final orders in this regard shall be passed preferably within a period of three months from the date of receipt/production of a copy of this order. Till fresh orders are passed, status quo as on today shall be maintained. The writ application is disposed of with the aforesaid observations and directions. Arvind/ ( J. N. Singh, J.)