IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8134 of 2010 1. RENU KUMARI W/O MANOJ KUMAR YADAV R/O VILL.- MIRZAPUR NAYATOLA, P.O. & P.S.- NATHNAGAR, DISTT.- BHAGALPUR …PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, BIHAR, PATNA 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEPARTMENT, GOVT. OF BIHAR, VIKASH BHAWAN, PATNA 3. THE SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVT. OF BIHAR, PATNA 4. THE DIRECTOR, INTEGRATED CHILD DEVELOPMENT SCHEME, BIHAR, PATNA 5. THE DISTRICT MAGISTRATE, BHAGALPUR 6. THE DISTRICT PROGRAMME OFFICER, BHAGALPUR 7. THE CHILD DEVELOPMENT PROGRAMME OFFICER (C.D.P.O.), NATHNAGAR, BHAGALPUR ……………………………………………………………………………..RESPONDENTS ******* 2 18/05/2010 Heard the parties. The petitioner has been terminated from service after being issued a show cause from the District Programme Office, Bhagalpur on the ground that she was not performing the duties as Aanganbari Sahayika. The finding of the District Programme Officer is that the centre was closed and no one was present at the centre. The only ground for challenging the order contained in Annexure-6 issued under memo no. 55 dated 13.01.2010 is that the District Programme Officer under Clause 10 of the guidelines issued in the year 2007 is not entitled to take action against the Aanganbari Sevika/Sahayika and only the District Magistrate has been allocated the work of disciplinary 2 authority as well as the authority to consider the complaints against the Aanganbari Sevika/Sahayika. In the result, I quash the order dated 13.01.2010 issued under memo no. 55 and direct that the District Programme Officer, Bhagalpur should send the recommendation to the District Magistrate, Bhagalpur within a period of two weeks from the date of receipt/production of a copy of this order. The petitioner should present herself before the District Magistrate, Bhagalpur after the period of two weeks and the District Magistrate, Bhagalpur will decide the matter within a period of one month from the date of receipt of this order. Counsel for the petitioner submits that steps have been taken for appointment of Aanganbari Sahayika in place of the petitioner. It is said that in case there is a favourable order in her case, the third party interest would be created. In the circumstances, the District Magistrate, Bhagalpur is advised to conclude the matter within one month after passing speaking order. After the final order is passed by the District Magistrate, Bhagalpur, he may direct for taking steps for appointment of Aanganbari Sahayika. This application is disposed of with the aforesaid observations and directions. 3 Counsel for the petitioner is directed to deposit the cost of fax by 21st May, 2010 for communicating this order to the District Magistrate, Bhagalpur, failing which this application shall stand dismissed. Anand ( Sheema Ali Khan, J.)