IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3281 of 2010 1. SUSHMA KUMARI W/O SRI MANOJ KUMAR BANDHU R/O VILL GAHNA, P.S.HASPURA, DISTT-AURANGABAD Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR, ICDS DIRECTORATE, SOCIAL WLFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, AURANGABAD 4. THE DY. DEVELOPMENT COMMISSIONER, AURANGABAD, DISTT- AURANGABAD 5. THE DISTRICT PROGRAMME OFFICER, AURANGABAD, DISTT- AURANGABAD 6. THE SUB-DIVISIONAL OFFICER, DAUDNAGAR, DISTT-AURANGABAD 7. THE BLOCK DEVELOPMENT OFFICER, HASPURA, DISTT-AURANGABAD 8. THE CHILD DEVELOPMENT PROGRAMME OFFICER, HASPURA, DISTT- AURANGABAD 9. THE MUKHIYA, GRAM PANCHAYAT HASPURA, DISTT-AURANGABAD ----------- 02. 13.09.2010 Heard learned counsel for the petitioner and learned counsel for the State. The services of the petitioner were terminated as an Anganbari Sewika by order dated 23.6.2009 ex-parte by the District Programme Officer, on the ground that the Attendance Register was not signed since 2.5.2009 and no distribution was taking place. Anganbari Sewikas have been hold not to be Government Servants and are, therefore, not entitled to similar protection as service holders but only to the requirement for compliance with principles of natural justice before an adverse order. The petitioner preferred an appeal before the District Magistrate, Appeal No. 38 of 2009 and has 2 been given full opportunity to present her defence. The lacunae that may have been there in the original order was rectified, when the District Magistrate gave her audience to her satisfaction. Post decisional hearing has been held to be sufficient compliance with principles of natural justice, in specified circumstances when no prejudice is caused. In the present facts and circumstances, this Court holds that the principles of natural justice stood complied when the appellate authority granted her hearing. Learned counsel for the petitioner submits that vide Annexure-6 the petitioner on 26.6.2009 had filed an application in her appeal that she had obtained leave from the Mukhiya from 6.5.2009 to 11.5.2009. While on leave she fell sick and had enclosed a copy of her medical certificate with her application dated 26.6.2009. Learned counsel for the State points out that the authority competent to grant leave was the C.D.P.O. and not the Mukhiya. He further submits that even if her explanation vide Annexure-6 be considered the period 2.5.2009 to 5.5.2009 still remains unexplained and her reply does not deal with fact of non-signing of the Attendance Register. 3 This Court has already held that the petitioner is not a Government servant. Even if the standards for leave applications under executive instructions have not been strictly followed that shall not defeat from the fact situating obtaining, whether she had given leave application which had been approved by the Mukhiya. Additionally it appears from the order of the District Magistrate that while it states that she did not produce any documentary evidence in support of her claim, her application dated 26.6.2009 states that she was enclosing her medical certificate with the application. This Court in the facts and circumstances does not find it possible to pass any positive orders at this stage in favour of the petitioner. The period from 2.5.2009 to 6.5.2009 as rightly pointed out by the State Counsel remains unanswered with regard to her absence. The application allegedly submitted by her before the Mukhiya is a matter to be examined by the District Magistrate as raised in her application. Likewise, it is to be examined by the District Magistrate, if she had enclosed any medical certificate with her application dated 26.6.2009. The order dated 12.12.2009 is accordingly set aside. This shall not result in the reinstatement of 4 the petitioner. The order has been set aside technically only to facilitate a fresh order by the District Magistrate. Let such fresh orders be passed preferably within a maximum period of three months from the date of receipt/production of a copy of this order before him. The application stands disposed. P.K. ( Navin Sinha, J.)