IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11699 of 2009 1. SWETA MISHRA, WIFE OF PREM KUMAR MISHRA, RESIDENT OF VILLAGE DHARAMPUR, BLOCK DEO, P.S. AURANGABAD MOFFASIL, DISTRICT AURANGABAD. 2. MANORAM KUMARI, WIFE OF SURAJDEO PRAJAPATI, RESIDENT OF VILLAGE DHARAMPUR, BLOCK DEO, P.S. AURANGABAD MOFFASIL, DISTRICT AURANGABAD----PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE, AURANGABD. 3. THE DISTRICT PROGRAMME OFFICER, AURANGABAD. 4. SUB DIVISIONAL MAGISTRATE, AURANGABAD. 5. CHILD DEVELOPMENT PROJECT OFFICER, BLOCK DEO, DISTRICT AURANGABAD. 6. BLOCK DEVELOPMENT OFICER, BLOCK DEO, DISTRICT AURANGABAD. 7. GRAM PANCHAYAT PAWAI, BLOCK DEO, P.S. AURANGABAD MOFFASIL, DISTRICT AURANGABAD, THROUGH ITS MUKHIYA SMT. DEOMATI DEVI. 8. PANCHAYAT SECRETARY, GRAM PANCHAYAT PAWAI, BLOCK DEO, P.S. AURANGABAD MUFFASIL, DISTRICT AURANGABAD. 9. SMT. SABITA DEVI, WIFE OF ALAKDEO PRAJAPATI, R/O VILL. DHARAMPUR, P.O. SILAD, BLOCK DEO, P.S. AURANGABAD MUFFASIL, DISTRICT AURANGABAD---RESPONDENTS. ----------- 02. 08.09.2009 Heard learned counsel for the petitioners and the State. 2. Petitioner no.1 was appointed as Anganwari Sewika and petitioner no.2 was appointed as Anganwari Sahaika of Dharampur Centre in the district of Aurangabad. Their appointment has been cancelled by the District Programme Officer, Aurangabad vide order contained in Memo No. 507 dated 25.7.2009, Annexure-1. 3. It is submitted on behalf of the petitioners that the order dated 25.7.2009, Annexure-1 is absolutely in teeth of the instructions of the State Government and this Court should interfere in the matter as the order has been passed on the basis of the ex parte Inquiry Report of the Sub-Divisional Magistrate, Aurangabad without even serving a copy thereof on the petitioners. Against the impugned order petitioners have a remedy of appeal before the District Magistrate, Aurangabad. - 2 - 4. In the circumstances, this writ application is disposed of with direction to the petitioner to assail the order dated 25.7.2009, Annexure-1 before the District Magistrate, Aurangabad by filing appeal/representation against the same annexing a copy of this order. The District Magistrate, Aurangabad should consider the appeal/representation of the petitioner in accordance with law as early as possible, in any case within one month from the date of its receipt along with a copy of this order. Any appointment made, in the meanwhile on the post from which petitioners have been removed shall be subject to the result of the appeal/representation filed by the petitioners. Rajesh/ (V.N.Sinha, J.)