IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9662 of 2011 Kavita Kumari W/o Hajari Pd. Mandal R/o village- Bhatwar, PO- Pakadi, PS- Palasi, gram Panchayat- Majlispur Distt- Araria--------------------------------------------------Petitioner Versus 1. The State Of Bihar through Principal Secretary, Social Welfare Department, Patna 2. The principal Secretary, Social Welfare Deptt. Bihar, Patna 3. The Director I.C.D.S. Directorate, Social Welfare Deptt., Bihar, Patna 4. The District Magistrate (Collector), Araria 5. Bal Vikas Pariyojana Padadhikari, Palasi Distt- Araria- ---------------------------------------------------Respondents ---------------------------------- 2 5.9.2011 In this writ application petitioner has challenged the order of the Director, I.C.D.S. as contained in annexure-4, by virtue of which the engagement of the petitioner and some other Anganbari Sevikas have been cancelled on the ground that there had been some lapses on their part in running the centre. Learned counsel for the petitioner submits that neither the Director, I.C.D.S. has powers under the Guidelines to cancel the engagement of Anganbari Sevikas nor the same was passed after compliance with principles of natural justice. The writ application was filed on 22.6.2011 with service of two copies of the same in the office of learned Advocate General. However, till today no counter affidavit has been filed. It has already been settled by this Court that the Director I.C.D.S. has no powers under the Guidelines to cancel the engagement of Anganbari Sevikas. It is also apparent from the impugned order that it has been passed in violation of principles of natural justice. Considering the fact that the original order of the Director I.C.D.S. itself is without jurisdiction and in violation of principles of 2 natural justice, the same is quashed. However, the respondents will be at liberty to consider the matter afresh, by serving copy of any report or complaint filed against the petitioner, giving her opportunity to file a show cause and to be heard in the matter. If the respondents decide to proceed in the matter afresh, the same has to be considered now by the District Programme Officer, Araria who has powers under the present Guidelines to cancel engagement of Anganbari Sevikas on the basis of some proved misconduct or lapse on their part. But must be done after compliance with principle of natural justice. This writ application is allowed with the aforesaid observation/direction. RPS ( Ajay Kumar Tripathi, J.)