IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.2255 of 2010
1. KUMARI BINITA W/O ABHAY KUMAR SINGH P.O- KONHIYA, P.S
KESARIYA, DISTT- EAST CHAMPARAN, BIHAR
2. RUBI DEVI W/O SANJAY SINGH R/O VILL-HARIHAR PUR, PO-
RAGHUNATH PUR, P.S KESARIYA, DISTT- EAST CHAMPARAN,
BIHAR
3. ANJU SHARMA W/O ASHOK KUMAR R/O VILL-SOBAIYA, PO-
RAGHUNATH PUR, P.S- KESARIYA, DISTT- EAST CHAMPARAN,
BIHAR
4. SANDHYA DEVI W/O SANJEEV KUMAR PANDEY R/O VILL
RAGHUNATH PUR, P.S KESARIYA,. DISTT- EAST CHAMPARAN,
BIHAR
Versus
1. THE STATE OF BIHAR THROUGH THE SECRETARY,
DEPARTMENT OF WELFARE, GOVT. OF BIHAR, PATNA
2. DISTIRCT MAGISTRATE, EAST CHAMPARAN, MOTIHARI
3. DISTRICT PROGRAMME OFFICER, EAST CHAMPARAN,
MOTIHARI
4. BAL BIKAS PARIYOJANA PADADHIKARI, BLOCK- KALYANPUR,
PO- BAKARPUR, P.S- KALYANPUR, DISTT- EAST CHAMPARAN
5. BLOCK DEVELOPMENT OFFICER, BLOCK-KALYANPUR, PO-
BAKARPUR, P.S- KALYANPUR, DISTT- EAST CHAMAPRAN
6. MUKHIYA GRAM PANCHAYAT RAJ- RAGHUNATHPUR, P.S-
KESARIYA,, DISTT- EAST CHAMPARAN
7. PANCHAYAT SEVAK GRAM PANCHAYAT RAJRAGHUNATHPUR,
P.S- KESARIYA, DISTT- EAST CHAMPARAN
8. PRABHARI MAHILA PRAVESIKA RATHUNATHPUR, PANCHAYAT,
P.O-RAGHUNATHPUR, P.S0- KESARIYA, DISTT- EAST
CHAMPARAN
-----------
2. 16.8.2010 Heard learned counsel for the petitioners and
the State.
Aggrieved by their termination from the post
of Aganwari Sewika, issued by the District Programme
Officer on 6.1.2009, the petitioners preferred an Appeal
Case No. 40 of 2008 before the District Magistrate. A
specific statement has been made in Paragraph-4 of the
memo of appeal that the termination was without a show
cause notice.
2
Learned counsel for the petitioners submits
that this specific ground taken in the memo of appeal
finds no consideration or discussion in the appellate
order dated 30.11.2009.
Since this order is being passed on the first
date itself without a counter affidavit by the District
Magistrate, the impugned order dated 30.11.2009 is set
aside and the matter is remanded to the District
Magistrate to pass a fresh reasoned and speaking order
limited to this issue in light of the judgment of this Court
in 2004(2) PLJR 833. If no show cause notice was issued
before termination, the District Magistrate is obliged to
reinstate the petitioner without prejudice to proceed
afresh in accordance with law.
Let this order be complied with within a
maximum period of four weeks from the date of
receipt/production of a copy of this order and fresh order
in accordance with law be passed within the same period.
The application stands allowed.
P. Kumar ( Navin Sinha, J.)