IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5421 of 2010 NEETU DEVI, wife of Avinash Kumar Singh, Resident of village-Badki Mahuli, P.S. Kargahar, Dist-Rohtas. Versus 1. THE STATE OF BIHAR. 2. The Director, I.C.D.S. Bihar, Patna. 3. The District Magistrate, Rohtas at Sasaram. 4. The District Programme Officer, Rohtas at Sasaram. 5. The Child Development Project Officer, Kargahar Dist- Rohtas. At Sasaram. 6. Smt. Laxmina Devi, Mukhiya of Village-Badki Mahuli, P.O. Badki, Mahuli, Block -Karagahar. Dist- Rohtas, at Sasaram. ----------- 3 06.12.2010 In this writ application petitioner has challenged the letter of the Child Development Project Officer (CDPO) dated 17.09.2009 (Annexure-4) by which she has been communicated that under the order of the District Programme Officer, Rohtas contained in his letter No. 426 (Pro) dated 31.8.2009 her selection as Anganbari Sevika of Centre No. 9 in Dumra, is cancelled. The primary grievance of the petitioner is that before cancellation of her selection no notice or show cause was given to her to explain her conduct. From the said letter dated 17.9.2009 it does not appear that the petitioner was given any opportunity to file his explanation or appear and explain his conduct, in context of which her selection was cancelled. No other document shows that such opportunity was granted to the petitioner. Learned counsel for the 2 State is also unable to justify the said order which appears to have been issued in violation of Principles of Natural Justice. The writ application was filed on 29.3.2010. However, no counter affidavit has been filed in the case till today. In the circumstances, the writ application is allowed, the impugned order as contained in Annexure-4 is quashed. The petitioner is directed to appear before the District Programme Officer, Rohtas at Sasaram, within three weeks from today and file her representation for restoring her services as Angan Bari Sevika of the Centre No. 89. If she files such representation within the time granted, the District Programme Officer shall hold an enquiry and give reasonable opportunity to the petitioner to explain her conduct in respect of which he may have received any complaint from any quarters, call for and examine the relevant records, if necessary, and shall pass fresh orders positively within a period of two months from the date of such filing of representation by the petitioner. Till such fresh orders are passed, the petitioner shall not join her duties. However, if the post in question, has not been filed up till today, the same shall not be filled up till such orders are passed by the District Programme Officer. Prakash ( J.N.Singh, J.)