IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8093 of 2010 Roma Devi, wife of Dwijanand Sah @ Dayanand Sah, resident of village Beni, P.O. and Gram Panchayat Pakari, Police Station Palasi, District Araria………………………………..…………Petitioner Versus 1. The State Of Bihar through the Secretary, Social Welfare Department, Govt. of Bihar, Patna. 2. The Director, I.C.D.S. Directorate, Social Welfare Department, Govt. of Bihar, Patna. 3. The District Magistrate, Araria. 4. The Child Development Project Officer, Palasi, District Araria…………………..Respondents ----------- 2 11.03.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. In this writ application, petitioner has challenged the order of the Director, I.C.D.S., Social Welfare Department dated 14.03.2008, as contained in Annexure-1, by which, on the basis of some inspection report in respect of some Centres, her engagement along with others as Anganwari Sevika was cancelled. This writ application was filed on 06.05.2010 with service of two copies of the same in the office of the leaned Advocate General. However, till today, no counter affidavit has been filed in this case. 2 Learned counsel for the petitioner submits that the said order is an ex parte order as without giving any opportunity of hearing to the petitioner, the same has been passed. He also submits that, under the Guidelines, the Director, I.C.D.S has no power to cancel engagement of Anganwari Sevikas. From the impugned order, it is apparent that the same was passed without affording any opportunity to the petitioner to show cause. In the circumstances, the impugned order as contained in Annexure-1 is quashed. Petitioner is directed to appear before the District Programme Officer, Araria within three weeks from today. Upon her appearance, the District Programme Officer shall get the inspection report and such other documents which may be adverse to her, served on her with notice to file reply within two weeks thereafter. After two weeks or after petitioner files reply, whichever may be earlier the matter will be heard by the District Programme Officer and 3 appropriate orders shall be passed in accordance with law within one month from the date of filing of show cause on the petitioner or on expiry of the said period of two weeks. Till final orders are passed by the District Programme Officer, status quo as of today shall be maintained in respect of the post of Anganwari Sevika of the centre in question. If the petitioner does not appear before the District Programme Officer within the time, as aforesaid, the impugned order shall stand revived. The writ application is allowed in the manner, as indicated above. BT (J. N. Singh, J.)