IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12081 of 2009 SUNITA DEVI, WIFE OF RAJESH YADAV, RESIDENT OF VILLAGE PATHAK BIGHA, P.S. DEO, DISTRICT AURANGABAD----PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE, AURANGABAD. 3. THE SUB-DIVISIONAL OFFICER, AURANGABAD. 4. THE PROGRAMME OFFICER, AURANGABAD. 5. THE CHILD DEVELOPMENT PROJECT OFFICER, DEO, AURANGABAD. 6. THE MUKHIYA GRAM PANCHAYAT ARARA, P.S. DEO, DISTRICT AURANGABAD-----RESPONDENTS. ----------- 02. 14.09.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner was appointed as Anganwari Sewika. She is aggrieved by the order of the District Programme Officer, Aurangabad dated 19.5.2009/ 25.7.2009 and communicated under Memo No. 506 dated 25.7.2009, Annexure-5, whereunder her appointment has been cancelled in response to notice dated 30.12.2008, Annexure-3, whereunder the date of hearing was fixed on 16.1.2009, but on account of the strike of the non- gazetted employees in the Collectorate, matter was adjourned to 27.2.2009 and on 27.2.2009, the District Programme Officer was engaged in connection with Parliamentary Election work and the matter was adjourned for 19.5.2009, which fact is evident from order sheet, Annexure4 and on 19.5.2009, petitioner remained present, but no proceeding took place due to Parliamentary Election work, as stated in different paragraphs of this writ application and order dated 19.5.2009/25.7.2009, Annexure-5 was passed cancelling appointment of the petitioner. In this connection, it has been asserted that on 25.7.2009 when the order dated 25.7.2009, Annexure-5 was passed, petitioner was not present as there was no notice for her to appear on - 2 - that date. 3. Let the petitioner file appeal against the order dated 19.5.2009/ 25.7.2009, Annexure-5 along with a certified copy of this order before the learned Collector, Aurangabad, who should call for the records from the District Programme Officer, Aurangabad and if the contention of the petitioner that she remained present on 19.5.2009 when the petitioner was neither heard nor any order was passed, which was passed subsequently i.e. on 25.7.2009 without any notice to her, is found correct from perusal of the records of the District Programme Officer, Aurangabad, then the Collector, Aurangabad should set aside the order dated 19.5.2009/ 25.7.2009, Annexure-5 and remit back the matter to the District Programme Officer, Aurangabad for hearing the matter in accordance with law, as early as possible, in any case within three months from the date of receipt of the memo of appeal along with a certified copy of this order. 4. This writ application is, accordingly, disposed of. Arjun/ (V.N.Sinha, J.)