IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12617 of 2009 SMT.NILAM KUMARI @ KUMARI NILAM SINGH Versus THE STATE OF BIHAR & ORS For the petitioner : - Mr. Suresh Pd. Singh No.2, Advocate Mr. Uday Pd. Singh, Advocate ----------- 02/ 06.10.2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner was appointed as an Anganwari Sewika and joined as such. On a complaint made, she was removed from service by the District Programme Officer. It is her specific case in the writ application that her removal was without issuing any show cause notice to her. She went up in appeal assailing the termination as being violative of the principles of natural justice. Though she specifically raised her objection on that issue but the appellate authority proceeded to dispose of the appeal without consideration of that aspect. It is contended that in absence of a proper opportunity to defend her appointment the petitioner has been seriously prejudiced. If the initial order was invalid, the illegality cannot be cured by granting hearing in the appeal when the allegation of initial illegality has not been found to be incorrect. Learned counsel for the State urged that the illegality if any at the initial stage has stood remedied in appeal. The law stands settled that an order in violation of the principles of natural justice is likely a still born child. An initial illegal order cannot be validated subsequently. The termination of the - 2 - petitioner is liable to be interfered with on grounds of procedural irregularity. The order of termination dated 5.9.2008 is, accordingly, set aside. It shall not, however, result in reinstatement of the petitioner. After the petitioner appears before the District Programme Officer along with a copy of the present order he shall be obliged within ten days thereafter to give a show cause notice to the petitioner, which shall be replied within three weeks from the date of such show cause notice served upon her, whereafter the District Programme Officer shall proceed to pass fresh appropriate orders on merits in accordance with law. In view of the nature of the order passed presently there is no occasion for this Court to issue any notice to hear respondent no. 10 at this stage. The need, if any, to hear her is to be assessed by the District Programme Officer at the time he starts to consider the cause shown by the petitioner. The writ application stands disposed off. DKS/ (Navin Sinha, J.)