IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18592 of 2009 MALTI KUMARI Versus THE STATE OF BIHAR & ORS ----------- 02 07.04.2010 Heard learned counsel for the petitioner and learned counsel for the State. A preliminary objection is raised on behalf of the State that the petitioner has an alternative remedy before the Commissioner against the order dated 4.1.2008 passed by the District Magistrate, setting aside the selection of the petitioner on its own merits and not with regard to any dereliction of duty as Anganbari Sewika. A Division Bench of this Court in L.P.A. No. 863 of 2009 has held that insofar as orders of termination on grounds of dereliction of duty as Anganbari Sewika are concerned, jurisdiction lies with the District Programme Officer, interpreting the circulars of 2006-08 regulating the services of Anganbari Sewika. The Division Bench has further held that when an Anganbari Sewika is removed on grounds of incorrect selection, jurisdiction does not lie with the District Programme Officer, but with the District Magistrate alone. Appeals shall, therefore, lie before the Commissioner. If the petitioner files such appeal within 30 2 days from today, let the same be considered and disposed by a reasoned and speaking order after hearing all concerned within a maximum period of four months from the date of receipt/production of a copy of this order without going into issues of limitation. The application stands disposed. P.K. ( Navin Sinha, J.)