IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4124 of 2010 1. RASHMI RANI SUMAN W/O SHAMBHU SARAN PERMANENT R/O VILLAGE - DEWLAI , P.S- SHEIKHPURA , DISTRICT – SHEIKPURA – Petitioner. Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY null DEPARTMENT OF RURAL DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA 3. THE ESTABLISHMENT COMMITTEE (NATIONAL RURAL EMPLOYMENT GUARANTEE ACT) UNDER THE CHAIRMANSHIP OF DISTRICT MAGISTRATE SHEIKHPURA 4. THE DISTIRCT MAGISTRATE CUM CHIEF EXECUTIVE OFFICER SHEIKHPURA 5. THE DEPUTY DEVELOPMENT COMMISSIONER CUM ADDITIONAL CHIEF EXECUTIVE OFFICER CUM DISTRICT PROGRAMME CO-ORDINATION SHEIKHPURA, D.R.D.A.(DISTRICT RURAL DEVELOPMENT AGENCY)- Respondents. 3 19.5.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner was working as a Programme Officer under the National Rural Employment Guarantee Act, 2005(NREGA). The petitioner was appointed under an agreement, dated 6.3.2008 contained in Annexure 2. The appointment of the petitioner was extended for a period of two years vide order, dated 31.10.2009 contained in Annexure 4. The petitioner is aggrieved by Annexure 1 by which her services has been terminated on the ground that she along with others are responsible for committing irregularity with respect to implementation of the programme under the NREGA. The contention of the petitioner is that she ought to have been given a show cause notice before termination of her service by Annexure 1/1 on 30.1.2010. Learned counsel for the petitioner refers to Annexure 8/1 to submit that there is a decision by the committee consisting of the District Magistrate and others in which it has categorically been 2 mentioned that a show cause notice should be issued to a person who is sought to be terminated or against whom adverse order is passed by the committee which runs the programme. There is also a provision that any person who is aggrieved by the order of the District Magistrate may file an appeal before the Principal Secretary, Rural Development Department, Bihar, Patna. In this case no show cause notice was issued to the petitioner and it may not be proper for the District Magistrate not to issue a show cause notice to the petitioner before terminating her service. In the mean time the District Magistrate will issue a show cause notice to the petitioner and also have the opportunity to restrain the petitioner from functioning as a Programme Officer until disposal of the cause shown by the petitioner. I accordingly direct that the District Magistrate should issue a show cause notice within three weeks from the date of receipt of a copy of this order and further that the petitioner should file reply within a period of four weeks thereafter. On receipt of the reply, the District Magistrate may after holding an enquiry and going through the allegations pass an order in accordance with law. Accordingly the order terminating the service of the petitioner contained in Annexure 1/1, dated 30.1.2010 stands quashed. This writ petition is disposed of with the aforesaid observation. haque (Sheema Ali Khan, J.)