IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5082 of 2010 1. KUMARI SANGITA RANI W/O ASHOK KUMAR @ LAL BAHADUR SHASTRI R/O VILLAGE - HAIBATPUR TOLE- DANIYALPUR MAGHA , P.S - KHUSRUPUR, P.O - BHOJPUR VIA KHUSRUPUR , DISTRICT - PATNA Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR, I.C.D.C. (INTEGRATED CHILD DEVELOPMENT SERVICES) DIRECTORATE, INDRA BHAWAN, BORING CANAL ROAD, PATNA 3. THE COMMISSIONER PATNA DIVISION ,PATNA 4. THE DISTRICT MAGISTRATE, PATNA DISTRICT , PATNA 5. THE DISTRICT PROGRAM OFFICER, PATNA DISTRICT , PATNA 6. THE SUB DIVISIONAL OFFICER , PATNA CITY , DISTRICT - PATNA 7. THE CHILD DEVELOPMENT PROJECT OFFICER (C.D.P.O.) KHUSRUPUR, PATNA DISTRICT , PATNA ----------- 2. 15.11.2010 Learned counsel for the State rightly points out that the impugned order terminating the service of the petitioner for dereliction of duty as Aganwari Sewika dated 12.10.2009, does not come within the purview of the Division Bench order dated 16.2.2010 in L.P.A. No. 863 of 2009 reported in 2010(2) PLJR 374. The petitioner therefore has a remedy of appeal before the District Magistrate. Leave is sought to withdraw the application to prefer an appeal before the District Magistrate. Only if the petitioner files such appeal or has already so filed and supplements the same if so advised within 30 days from today, let the District Magistrate consider and decide the same in accordance with law, by a reasoned and speaking order, without 2 going into issues of limitation, after hearing all concerned preferably within a maximum period of three months from the date of receipt/production of a copy of this order. The application is dismissed as withdrawn with the liberty as aforesaid. P. Kumar (Navin Sinha, J.)