IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5946 of 2008 Urmila Devi, wife of Chitaranjan Sahni, village Amaitha, PS Saraia, District Muzaffarpur – Petitioner. Vs. 1) The State of Bihar, 2) The Commissioner cum Secretary, Social Welfare Department, Bihar, Patna. 3) Director, Social Welfare Department, Bihar, Patna. 4) Commissioner, Tirhut Division, Muzaffarpur. 5) The Dist. Magistrate cum Collector, Muzaffarpur. 6) The Dist. Welfare Programme Officer, Muzaffarpur. 7) Child Development Project Officer, Saraia, Muzaffarpur – Respondents. 2 3.5.2011 The petitioner’s engagement as Aanganbari Sevika has been terminated by order, dated 23.1.2008 passed by the Director, Social Welfare, Bihar without giving her an opportunity to show cause. The reasons for termination is that the Child Development Project Officer reported that the petitioner was not present at the Aanganbari Centre and it was found that she was not distributing the take home ration and performing the duties of Aanganbari Sevika effectively. It has been observed in the order of the Director that the termination can be made without any show cause notice on the basis of the advertisement in the news paper that all those Aanganbari Sevika / Sahaika who were not performing their duties properly, would be terminated without any show cause notice. The guide lines of 2006 provides that the termination can be made after issuing notice under clause 9 of the guide lines. I accordingly direct that the Director Welfare, Bihar, Patna should send the report of the Child Development Project 2 Officer to the District Programme Officer who will notice the petitioner and after hearing her pass an appropriate order within three months of receipt of the records. The Director will send records and the report of the Child Development Project Officer within one month on receipt of a copy of this order. Accordingly the order, dated 23.1.2008 contained in Annexure 3 is quashed. However, I make it clear that the petitioner will not be reinstated as a result of quashing of Annexure 3 until the disposal of the case. In case a fresh appointment has been made, the new incumbent is also required to be noticed in the matter. This writ petition stands disposed of with the aforesaid observations. haque ( Sheema Ali Khan, J.)