IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5342 of 2010 1. VINDA DEVI W/O SHRI OM PRAKASH UPADHYAY VILL.- GOSAINPUR (SHAHPUR), P.O. SHAHPUR, P.S. SHAHPUR, DISTT.- BHOJPUR Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY DEPARTMENT OF SOCIAL WELFARE, GOVT. OF BIHAR, OLD SECRETARIAT, PATNA 2. THE DIRECTOR, INTEGRATED CHILD DEVELOPMENT SCHEME (I.C.D.S.) DIRECTORATE DEPARTMENT OF SOCIAL WELFARE, GOVT. OF BIHAR, OLD SECRETARIAT, PATNA 3. THE COLLECTOR BHOJPUR AT ARA 4. THE DISTRICT PROGRAMME OFFICER, BHOJPUR AT ARA 5. THE BLOCK DEVELOPMENT OFFICER SHAHPUR, BHOJPUR AT ARA 6. THE CHILD DEVELOPMENT PROJECT OFFICER SAHPUR, DISTT.- BHOJPUR 7. THE MUKHIYA, GRAM PANCHAYAT RAJ SIMARIA OJHA PATTI, SHAHPUR, DISTT.- BHOJPUR 8. THE PANCHAYAT SECRETARY GRAM PANCHAYAT RAJ SIMARIA OJHA PATTIL, BLOCK- SHAHPUR, DISTT.- BHOJPUR ----------- 02. 25.11.2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the orders dated 30.4.2008 and 6.5.2008 terminating her services as an Anganwari Sewika on grounds of alleged dereliction in duty. It is submitted specifically from paragraph 8 of the writ petition that prior to her removal no show cause notice was issued to her with an opportunity to submit her defence. Rather than requiring the respondents to file counter affidavit this writ petition is disposed with the following directions:- (A). On the date that the petitioner appears 2 before the District Programme Officer along with a copy of the present order the District Programme Officer shall fix a date not beyond 15 days when the original records shall be placed with liberty to the petitioner to peruse the same also. (B). If the District Programme Officer finds that before termination no show cause notice was issued and served on the petitioner, the order of termination shall stand vitiated and on that date itself the District Programme Officer shall proceed to reinstate the petitioner. (C) If notice was issued and the District Programme Officer satisfies the petitioner that she evaded service no benefit or reinstatement shall flow to her at this stage. (D) After the petitioner is reinstated in the aforesaid manner, if so advised, the District Programme Officer can proceed afresh in accordance with law by issuance of a show cause notice. (E) If the termination was after issuance of a show cause notice served on the petitioner and no reply was filed or service evaded, 3 then the District Programme Officer shall record a preliminary finding to that effect within two weeks and proceed to hear the matter on its own merits, in which event the question of reinstatement shall then depend on the final adjudicatory order to be passed by him. Appeal shall lie to be aggrieved before the District Magistrate. The application stands disposed with the aforesaid directions. P.K. ( Navin Sinha, J.)