IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4840 of 2008 BIBI RIJWANA KHATUN @RIZWANA KHATUN w/o Md. Salahuddin, resident of village- Dalamlpur, P.S.Amour, District- Purnea. Versus 1.THE STATE OF BIHAR through the Secretary, Welfare Department, Patna, Bihar. 2. The Commissioner, Purnea, District- Purnea. 3. The District Magistrate, Purnea, District- Purnea. 4. Child Development Project Officer, Amour, P.S.Amour, District-Purnea. 5. Siya Khatoon, Mukhiya,Gram Panchayat Dalamlpur, P.S. Amour, District-Purnea. ----------- 2 8.7.2010 This writ petition has been pending for over two and a half years and State has not yet filed any counter affidavit. Learned counsel for the State states that he has received no instruction. In that view of the matter the writ petition is being disposed of as I do not consider it a fit case to be kept pending. The petitioner was an Anganbari Sewika. The District Magistrate , Purnea being dissatisfied with her work, without initiating any proceeding or without issuing show cause notice dismissed her. Petitioner filed statutory appeal before the Divisional Commissioner as against the order of the Collector but the Divisional Commissioner dismissed the appeal on the ground of limitation without considering the condonation of application as was filed along with the appeal. Petitioner is now before this Court and by interlocutory application has brought on record the decision of 2 the respondents to fill up the vacancy caused by petitioner’s dismissal. In my view, after perusing the writ petition and the documents appended thereto it cannot be disputed that the respondent- Collector-cum-District Magistrate passed the order of dismissal without notice or without hear the petitioner. That being so, the order of dismissal cannot be sustained. It is arbitrary and illegal. A person cannot be deprived of his service without proceeding in that regard and without hearing him.If the order of dismissal itself cannot stand, it is quashed. If the original order of dismissal is bad, the appellate proceeding become irrelevant. In that view of the matter the writ petition is allowed and the order of District Magistrate terminating the services of the petitioner as Anganbari Sewika is set aside. Petitioner would be deemed to be in continuance service with all consequential benefits. singh ( Navaniti Prasad Singh, J.)