IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8695 of 2010 1. ASHA DEVI W/O LAL BIHARI RAM R/O VILL.- KIRHIRI, P.O. DARIGAON, P.S. SHIV SAGAR, DISTT.- ROHTAS Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF SOCIAL WELFARE, GOVT. OF BIHAR, PATNA 2. THE DIRECTOR, I.C.D.S. DEPARTMENT OF SOCIAL WELFARE, GOVT. OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, ROHTAS, SASARAM 4. THE D.D.C., ROHTAS, SASARAM 5. THE DISTRICT WELFARE OFFICER-CUM-DISTRICT PROGRAMME OFFICER, ROHTAS, SASARAM 6. THE C.D.P.O., SHIVSAGAR, SASARAM ----------- 2 15.04.2011 Petitioner has challenged an order passed by the Director, I.C.D.S., as contained in Annexure-2, by which, on the basis of some inquiry, her engagement as Anganwari Sevika of the centre in question has been cancelled. Learned counsel for the petitioner rightly submits that, under the guidelines, the Director, I.C.D.S. has no powers to cancel the engagement of an Anganwari Sevika on any ground whatsoever and especially on the ground of any irregularity committed by her in running the centre. From the order, it does not appear that the Principles of Natural Justice were complied with by the Director before passing of the said order in respect of the 2 petitioner. The order is, therefore, quashed. However, this Court finds that the petitioner has already represented the District Programme Officer, vide Annexure-3 and 4, in the matter. Under the present Guidelines, the District Programme Officer has the power to hold an inquiry in respect of the functioning of the centre and any lapses committed by Anganwari Sevika/Sahayika and pass orders of their disengagement, if found guilty or any dereliction of her duty. In the order of Director, I.C.D.S., there was some allegation against the petitioner in respect of dereliction of her duties. Learned counsel for the petitioner submits that, after the order was passed by the Director, I.C.D.S., the petitioner has been filed representation before the different authorities requesting for reconsideration of the matter and give her opportunity to explain her conduct. However, till today, no authority has given her hearing and has considered the matter. In the circumstances, instead of restoring the petitioner in the centre in her 3 capacity as Anganwari Sevika immediately, the District Programme Officer, Rohtas at Sasaram is directed to consider the application of the petitioner, copies whereof are Annexure-3 and 4 of the writ application. He is also directed to give petitioner further opportunity of hearing personally or through her representative to explain her conduct and, thereafter, he is directed to pass final orders in the matter positively within a period of two months from the date of receipt/production of a copy of this order. In case, the orders are not passed by the District Programme Officer within the aforesaid two months or in case it is passed in favour of the petitioner the petitioner shall stand restored as Anganwari Sevika for the concerned centre. The writ application is disposed of with the aforesaid observations and directions. Arvind/ ( J. N. Singh, J.)