IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.3821 of 2010
1. USHA KUMARI W/O SANTOSH KUMAR YADAV R/O VILL AMRIT
RAI KE DERA,P.S.NAWANAGAR,DISTT-BUXAR
Versus
1. THE STATE OF BIHAR
2. THE SECRETARY SOCIAL WELFARE DEPARTMENT GOVT.OF
BIHAR,PATNA
3. THE DIRECTOR INTEGRATED CHILD DEVELOPMENT
SCHEME(ICDS) PATNA
4. THE COMMISSIONER PATNA PARAMANDAL ,PATNA
5. THE DISTRICT MAGISTRATE DISTT-BUXAR
6. THE DISTRICT WELFARE OFFICER DISTT-BUXAR
7. THE BLOCK DEVELOPMENT OFFICER NAWANAGAR,DISTT-
BUXAR
8. CHILD DEVELOPMENT PROJECT OFFICER NAWA
NAGAR,DISTT-BUXAR
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For the Petitioner:- Mr. Arun Kumar, Adv.
For the State:- G.A.1
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2. 17.9.2010 Heard learned counsel for the petitioner
and the State.
The petitioner is aggrieved by her
termination from the post of Aganwari Sewika by order
dated 6.5.2008 of the District Magistrate as affirmed in
appeal on 7.11.2009 by the Commissioner, Patna
Division.
The short submission is that the removal
was in violation of the principles of natural justice
without a show cause notice.
Counsel for the State submits that during
inspection the petitioner was found absent.
The issue raised stands fully covered by a
Division Bench judgment of this Court reported in
2
2004(2) PLJR 833 (DB) that such removal was not
permissible in violation of natural justice.
The impugned orders dated 7.11.2009 and
16.6.2008 are not sustainable. They are accordingly
set aside but without prejudice to the rights of the
respondents to proceed afresh in accordance with law.
The application stands allowed.
P. Kumar ( Navin Sinha, J.)