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2009 Supreme(Pat) 979

SHIVA KIRTI SINGH, ANJANA PRAKASH
Asha Devi Wife Of Shri Raghunandan Sharma – Appellant
Versus
State Of Bihar Through District Magistrate, Sheikhpura – Respondent


JUDGEMENT

1. Heard the parties on merits.

2. On behalf of the appellant two grounds were raised before us to challenge the order dated 28.4.2008 contained in Annexure-5 to the writ petition whereby the Director of ICDS Directorate, Social Welfare Department, Government of Bihar cancelled the selection of some Anganbari Sevikas of Sheikhpura District including that of the appellant/writ petitioner.

3. According to learned counsel for the appellant the said order was without giving any opportunity of show-cause or hearing to the appellant and under Circular dated 3.10.2006 the power to terminate the engagement of Anganbari Sevika is vested with the District Magistrate of the concerned district and not the Director.

4. There is no dispute that under the policy decision framed by the concerned Director action has been taken against the appellant also without affording any opportunity of hearing because allegedly some urgent scheme required the presence of the appellant and Anganbari Sevikas but the appellant was found absent.

5. Whatever be the nature of allegation, the principle of natural justice could not have been ignored on account of policy decision by the concerned Director that




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