IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5955 of 2008 1. KARUNA KUMARI, WIFE OF SRI AMRENDRA KUMAR MISHRA, RESIDENT OF VILLAGE MISHRA TOLA, P.O. SONWAL VIA-MALAHI, P.S. MALAHI 2. DEZY DEVI, WIFE OF BALISTAR MISHRA, RESIDENT OV VILLAGE MISHRA TOLA, P.O. SONWAL VIA-MALAHI, P.S. MALAHI 3. BIBHA DEVI, WIFE OF RAJESH KUMAR, RESIDENT OF VILLAGE PANDEY TOLA, P.S. MALAHI 4. SUNDAR MALA DEVI, WIFE OF AJAY KUMAR THAKUR, RESIDENT OF VILLAGE TEJPURWA, P.S. MALAHI 5. ARCHANA KUMARI, WIFE OF AKHILESWAR KUMAR ROY, RESIDENT OF VILLAGE LATIA, P.S. PAHARPUR 6. RIMA DEVI, WIFE OF SATISH KUMAR CHAUDHUR, RESIDENT OF VILLAGE TEJPURWA, P.S. MALAHI 7. RUBI DEVI, WIFE OF MUNNA THAKUR, RESIDENT OF VILLAGE TEJPURWA, P.S. MALAHI ALL PETITIONERS 1 TO 7 ARE ANGANBARI SEVIKAS OF TEJPURWA PANCHAYAT, DISTRICT EAST CHAMPARAN. 8. WAJDA TABASSUM, WIFE OF TANVIR ALAM, RESIDENT OF VILLAGE BARKURWA, ANGANBARI SEVIKA OF PANCHAYAT SONWAL, P.S. PAHARPUR, DISTRICT EAST CHAMPARAN. ---- PETITIONERS Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR, DIRECTORATE OF INTEGRATED CHILD DEVELOPMENT SCHEME, BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, EAST CHAMPARAN AT MOTIHARI 4. THE DISTRICT WELFARE OFFICER, EAST CHAMPARAN, MOTIHARI 5. THE BLOCK DEVELOPMENT OFFICER-CUM-CHILD DEVELOPMENT PROJECT OFFICER, PAHARPUR BLOCK, DISTRICT EAST CHAMPARAN AT MOTIHARI. ---- RESPONDENTS ----------- 4 30.4.2010 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The writ petitioners have been appointed in center nos. 35, 30, 29, 31, 32, 33, 34 and 43 situated at Tejpurwa and Sonwal Panchayats, Paharpur Block, East Champaran. The C.D.P.O. had made a surprise inspection on 11.1.2008 and found that distribution of “Take Home Ration” was not being done in the 13 centers. On the basis of the report of the C.D.P.O., the Director, Integrated Child Development Scheme passed the impugned order contained in annexure-5 dated 14.3.2008. The State Government has framed guidelines for the appointment and procedure for functioning of 2 Anganbari centers in the State of Bihar, Clause 9 of the guidelines of the year 2006 provides that if the Anganbari Sevika’s or Anganbari Sahaikas who are not performing their job satisfactorily, will be issued a show cause indicating their short comings. The C.D.P.O. on consideration of the show cause will give his recommendations to the District Magistrate who will pass orders with respect to the complaints received against the Anganbari Sevikas. It is apparent that the C.D.P.O. has found that the petitioners were not found at the centers and were not performing satisfactory work. However, it is not clear whether show cause notice was issued to the petitioners. Moreover, the power of taking disciplinary action has been vested with the District Magistrate under the said guidelines. In the circumstances, the order dated 14.3.2008 is quashed with a direction to the Chief Development Project Officer to issue show cause notices to the petitioners within two weeks from the date of receipt/production of a copy of this order. The petitioners will file their replies within a period of two weeks thereafter. After considering the show cause, the C.D.P.O. should give his recommendations to the District Magistrate. The District Magistrate will call upon the petitioners and the Child Development Project Officer, Paharpur Block and after hearing the parties pass an appropriate order within a period of three months thereafter. The submission of the petitioners is that the posts are lying vacant since 2008 which is not in consonance with the scheme. 3 I, therefore, direct that the District Magistrate should dispose of the matters as quickly as possible so that steps should be taken for either reinstatement of the petitioners or for making fresh appointments of Anganbari Sevikas. I.A. No. 7098 of 2008 for adding Sona Devi as intervenor petitioner in this application is allowed. The decision of this case will cover the case of Sona Devi as well. This application is disposed of with the aforesaid observations and directions. Sanjay (Sheema Ali Khan, J.)