IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17274 of 2008 MEERA RAI & ORS . Versus THE STATE OF BIHAR & ORS . ----------- 2/ 11/11/2009 Heard learned counsel for the petitioners and learned counsel for the State of Bihar. The petitioners are aggrieved by the order of their termination dated 11.1.2008 passed by the Child Development Programme Officer (Rural), Vaishali in pursuance of certain direction of the Director, I.C.D.S. dated 21.11.2007. Learned counsel for the petitioner submits that the order of termination was without issuance of a show cause notice to the petitioners. In fact, it is urged from a letter dated 7.6.2008 of the Child Development Programme Officer himself addressed to the District Programme Officer that “Poshahar” was not being made available for distribution. The petitioner had no opportunity to place the same before the Director, I.C.D.S. or the Child Development Programme Officer as no opportunity was provided. A Division Bench of this Court in 2004(2) P.L.J.R. 833 (The State of Bihar & Ors. vs. Gyan Kumar Ram) has held that an order of termination of an Angan Bari Sevika in violation of Principles of Natural Justice was not sustainable in the 2 eye of law. The impugned order is set aside. Since the order is being set aside on a technical ground it shall not result in immediate reinstatement of the petitioner. No sooner that the petitioner appears before the Director, I.C.D.S. with a copy of the present order a show cause notice is required to be served upon them specifying the reasons on which the order of termination is proposed to be affirmed as existing on the date that it was issued. Let such show cause notice be served on the petitioners within a maximum period of 10 days from the date of receipt/production of a copy of this order before the Director, I.C.D.S. The petitioners shall then be required to file their replies within such reasonable time that the Director may fix for the purpose. The Director shall then be required to pass a reasoned and speaking order appropriately considering the cause shown, displaying application of mind and transparency in the decision making process to facilitate judicial review by this Court, should the occasion arise, within a maximum period of two months from the date that the cause is shown by the petitioners. The application stands disposed. KC ( Navin Sinha, J.) 3