IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3821 of 2010 1. USHA KUMARI W/O SANTOSH KUMAR YADAV R/O VILL AMRIT RAI KE DERA,P.S.NAWANAGAR,DISTT-BUXAR Versus 1. THE STATE OF BIHAR 2. THE SECRETARY SOCIAL WELFARE DEPARTMENT GOVT.OF BIHAR,PATNA 3. THE DIRECTOR INTEGRATED CHILD DEVELOPMENT SCHEME(ICDS) PATNA 4. THE COMMISSIONER PATNA PARAMANDAL ,PATNA 5. THE DISTRICT MAGISTRATE DISTT-BUXAR 6. THE DISTRICT WELFARE OFFICER DISTT-BUXAR 7. THE BLOCK DEVELOPMENT OFFICER NAWANAGAR,DISTT- BUXAR 8. CHILD DEVELOPMENT PROJECT OFFICER NAWA NAGAR,DISTT-BUXAR ----------- For the Petitioner:- Mr. Arun Kumar, Adv. For the State:- G.A.1 ------------- 2. 17.9.2010 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by her termination from the post of Aganwari Sewika by order dated 6.5.2008 of the District Magistrate as affirmed in appeal on 7.11.2009 by the Commissioner, Patna Division. The short submission is that the removal was in violation of the principles of natural justice without a show cause notice. Counsel for the State submits that during inspection the petitioner was found absent. The issue raised stands fully covered by a Division Bench judgment of this Court reported in 2 2004(2) PLJR 833 (DB) that such removal was not permissible in violation of natural justice. The impugned orders dated 7.11.2009 and 16.6.2008 are not sustainable. They are accordingly set aside but without prejudice to the rights of the respondents to proceed afresh in accordance with law. The application stands allowed. P. Kumar ( Navin Sinha, J.)