IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3240 of 2008 SUMITRA DEVI, WIFE OF SRI RAM KUMAR SINGH, RESIDENT OF JAMUA, P.S. CHOUTHAM, DISTRICT KHAGARIA. ---- PETITIONER Versus 1. THE STATE OF BIHAR. 2. THE DIRECTOR, INTEGRATED CHILD DEVELOPMENT SCHEME (I.C.D.S.) BIHAR, PATNA. 3. THE DISTRICT WELFARE OFFICER, KHAGARIA. 4. THE CHILD DEVELOPMENT PROJECT OFFICER, CHOUTHAM, KHAGARIA. ---- RESPONDENTS For the petitioner :- Mr. R.P. Bhagat, Advocate Mr. S.K. Ranjan, Advocate For the State :- Mr. Yashraj Bardhan, A.C. to S.C. 20. ----------- 2 5.4.2011 The petitioner is aggrieved by the order contained in Annexure-7 to the supplementary affidavit by which the Director, Integrated Child Development Scheme (I.C.D.S.), Bihar, Patna has passed an order terminating the services of the petitioner who is an Anganwari Sevika in Centre 63, Jamua Tola, Panchayat Nirpur on the ground that she was not distributed the ration to the people entitled to receive the same under the guidelines framed for performing the work of an Anganwari Sevika. It is not clear from the impugned, the method or how the Director was able to get information regarding this aspect of the matter. In any event, the Director under the guidelines does not have the power to issue a letter of termination of an Anganwari Sevika. If the Director found that there was some irregularity or illegality in the performance of duty of a particular candidate, he could have recommended to the competent authority i.e. the District Magistrate to take steps in the matter. It is also essential that if an enquiry was to be held regarding this aspect the 2 petitioner ought to be noticed so that the incumbent can answer the allegations levelled against her. In view of the aforesaid facts, I quash letter no. 269, dated 23.1.2008. I also give liberty to the Director, I.C.D.S. to send his recommendations to the District Magistrate, Khagaria with respect to the allegations levelled against the petitioner. The District Magistrate, Khagaria on receipt of such allegation should hold an enquiry. The District Magistrate, Khagaria would also require to issue notice to the petitioner in this matter. The enquiry should be conducted within a period of three months on receipt of the recommendation from the Director, I.C.D.S. In case, steps have already been taken to select a new incumbent in the place of the petitioner, notice will also have to be issued to the new incumbent. The petitioner should only be allowed to rejoin once the enquiry is concluded. Counsel for the State is directed to send a copy of this order to the Director, I.C.D.S. who should act in accordance with the directions aforesaid within a period of six weeks on receipt of a copy of this order. This writ application is thus, allowed. Sanjay ( Sheema Ali Khan, J.)