IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1420 of 2003 MANJULA DEVI @ MANJU KUMARI, wife of Shri Ajay Kumar Singh, resident of village- Kutaut, P. S.- Barbigha, District- Sheikhpura, the then Anganwari Sevika of Kutaut Centre, in the Child Development Project Office, Barbigha, District- Sheikhpura. …..Petitioner. Versus 1. THE STATE OF BIHAR 2. The Secretary, Government of Bihar, Patna. 3. The Director, Social Welfare, Bihar, Patna. 4. The Deputy Director, Welfare, Bhagalpur Division- Bhagalpur. 5. The Deputy Development Commissioner, Sheikhpura. 6. The Child Development Project Officer, Barbigha, District- Sheikhpura. …..Respondents. ----------- 3. 13.07.2009. Heard counsel for the petitioner and counsel for the State. The prayer of the petitioner in this writ application reads as follows;- “(i) Issuance for a direction, order or writ in the nature of certiorari to call for the letter no. 397 dated 6.11.2002 and for quashing the said letter passed by Deputy Development Commissioner, Sheikhpura, which is communicated to the petitioner by the Child Development Project Officer, Barbigha vide its Memo No. 460 dated 16.11.2002 by which cancelled the selection as A. W. Sevika of the petitioner. (ii) Issuance of a direction, order or writ in the nature of mandamus for commanding the respondents-authorities to restore the position of said A. W. Sevika.” Counsel for the petitioner while pressing the aforementioned reliefs would submit that impugned order passed by Child Development Project Officer, Barbigha with the approval of DDC is wholly without jurisdiction inasmuch as under the relevant Govt. 2 circular dated 13.6.1998 (annexure-7) no such power is vested in DDC. He would further submit that the impugned action removing the petitioner from service is in blatant violation of principles of natural justice. In the opinion of this Court, both the issues raised by the petitioner are wholly misconceived. As with regard to power of DDC one would find in paragraph 14 of the State Government decision dated 13.6.1998 (annexure-7) that such power in fact has been exclusively vested in DDC only and therefore it would be incorrect to form an opinion as has been done by the petitioner that DDC has no such power. The second and last point urged by learned counsel for the petitioner that the order of removal of petitioner was passed without following the principles of nature justice is also incorrect inasmuch as the report of Child Development Project Officer dated 6.9.2002 (Annexure-7A) in the remark column as against the petitioner would clearly go to show that the petitioner was subjected to a show-cause notice and the petitioner has also filed her explanation which on examination was not found to be satisfactory. Once the petitioner has not alleged in the writ petition that that annexure-7A is based on an error of record, there would be hardly any scope for this Court to accept the 3 submission that such order of her disengagement from service was in violation of principles of natural justice. In fact, the report of Child Development Project Officer dated 6.9.2002 (Annexure-7A) even otherwise would go to show that centre in question where the petitioner was posted as Angan Bari Sevika was found to be closed for more than one and half months due to absence of the petitioner and there were a large number of complaints against the functioning of the petitioner which actually led to an enquiry and also a show-cause to the petitioner. The CDPO having made his enquiry had submitted his report along with show cause reply of the petitioner before the Deputy Development Commissioner who ultimately having found explanation of the petitioner to be unsatisfactory in the light of the findings in the enquiry report of CDPO had approved the proposal for termination of engagement of the petitioner. This Court therefore would find no merit in either of the aforesaid submissions of the counsel for the petitioner. That being so, this application is wholly misconceived and the same is, accordingly, dismissed. kanchan (Mihir Kumar Jha, J.)