IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.837 of 2010 1. SUCHITRA KUMARI W/O DINESH KUMAR YADAV R/O VILL- KHAIRANATH (G), P.S- JAINAGAR, DISTT- MADHUBANI Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER APPELLATE AUTHORITY, DARBHANGA DIV- DARBHANGA 3. THE COLLECTOR, MADHUBANI 4. THE CHILD DEVELOPMENT PROJECT OFFICER, JAINAGAR, MADHUBANI 5. THE SUPERVISOR CHILD DEVELOPMENT PROGRAMME JAINAGAR, MADHUBANI ----------- 2 1.7.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner’s prayer is for quashing of the order dated 28.2.2009 passed by the District Magistrate, Madhubani, whereby petitioner has been terminated from the post of Anganbari Sevika of Anganbai Kendra No. 75 falling within Khairanath village Panchayat in the district of Madhubani. She has also prayed for quashing of the order passed by the Commissioner, Darbhanga Division, Darbhanga dated 27.2.2009 affirming the order passed by the District Magistrate, Madhubani. Petitioner’s selection as Anganbari Sevika has been cancelled by the impugned orders, for her alleged absence on 27th and 28th February, 2009 from Anganbari Centre. 2 Petitioner’s case is that on the date of surprise inspection i.e. 27 and 28th February, 2009 she had come to the centre at 8 A.M. and after discharging her duty left at 12 noon but on the basis of some false complaint the District Magistrate, Madhubani issued notice to show cause and finally by the impugned order she has been terminated from the post. Petitioner has annexed the attendance register in support of her claim of being present at the centre on the relevant date. On perusal of the annexure, I find that part of the attendance register, annexed in support of her presence at centre is of the year 2005 and the relevant date on which the petitioner was found absent is 27th and 28th February, 2009, as such the documents annexed as Annexures-1, 2 and Annexure 6 do not support the statement of the petitioner. However, on perusal of the order passed by the District Magistrate, I find that the petitioner was given opportunity to explain the allegation and in presence of the Members attending Aam Sabha, she herself admitted her absence on the relevant date. The order has been passed giving proper opportunity to 3 the petitioner to defend her case, as such I do not find any error in the order of the District Magistratie, Madhubani as well as the order passed by the Appellate Authority i.e. the Commissioner, Darbhanga Division, Darbhanga. There is no merit in this application. It is dismissed. (Mridula Mishra,J.) A.kumar