IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7220 of 2008 SARSWATI KUMARI, WIFE OF YADUNANDAN PRASAD, RESIDENT OF VILLAGE AURANGPUR, P.S. DHANARUA, DISTRICT PATNA. ---- PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY, DEPARTMENT OF SOCIAL WELFARE, GOVERNMENT OF BIHAR, PATNA. 3. THE DIRECTOR, DEPARTMENT OF SOCIAL WELFARE, GOVERNMENT OF BIHAR, PATNA. 4. THE DISTRICT MAGISTRATE, PATNA. 5. THE DISTRICT WELFARE OFFICER, PATNA. 6. THE CHILD DEVELOPMENT PROJECT OFFICER, DHANARUA, PATNA. ------ RESPONDENTS ----------- 3 10.5.2011 The petitioner is aggrieved by the fact that she has been terminated from the post of an Anganwari Sevika by the Director, Social Welfare, Government of Bihar, Patna on the ground that she had not been performing her duties and distributing the take home ration, vide order dated 14.3.2008. The order impugned has been passed without issuing show-cause notice. It has been stated by the Director, Social Welfare that there is an order passed in S.L.P. 196 of 2001 that show-cause notice need not be issued to Anganwari Sevikas who do not perform their duties. This defence on behalf of the Director, Social Welfare has been taken in several orders issued by him. However, on perusal of S.L.P. 196/2001 downloaded from the INTERNET, this Court has not found that there is any order of the Supreme Court which specifically states that show-cause notice need not be issued to Anganwari Sevikas before terminating the services. Clause 9 of the Guidelines of 2006 indicates otherwise and reads as follows 9. lsfodk@lgkf;dk ij vuq’kklfud dkjZokbZ%&vk¡xuckM+h lsfodk@lgkf;dk }kjk vius drZO;ksa ds larks"kizn fuoZgu ugha fd;s tkus] 2 muds }kjk vfu;ferrk cjrs tkus] 15 fnuksa ls vf/kd vuqifLFkr jgus] vijkf/kd /kVuk esa ’kkfey gksus ij muls Li"Vhdj.k iwNdj cky fodkl ifj;kstuk inkf/kdkjh@ftyk Lrjh; vU; fujh{kh inkf/kdkjh mUgsa p;u eqDr djus dh vuq’kalk lk{;ksa lfgr ftyk inkf/kdkjh dks miyC/k djk;saxsA On perusal of the aforesaid Clause, it is clear that the District Programme Officer or the Local person Incharge of such works is to conduct an enquiry, hear the person concerned and pass appropriate orders recommending for termination of those persons who are found erring in performance of their duties. Ultimately it would be the District Magistrate who was to pass the final order. In the circumstances aforesaid, I direct that the petitioner should produce a copy of this order before the Director, Social Welfare, Government of Bihar, Patna who will forward the records within a period of three weeks on receipt/production of a copy of this order to the District Programme Officer of the concerned district to take action according to Clause 9 of 2006 guidelines after issuing notice to the petitioner. The entire procedure should be concluded within a period of four months thereafter. This writ application is thus, allowed. Sanjay (Sheema Ali Khan, J.)