IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6037 of 2009 PINKI JAISWAL Versus THE STATE OF BIHAR & ORS ----------- 2. 14.5.2009 Heard counsel for the petitioner and the counsel for the State. The petitioner, an Anganwari Sevika, is aggrieved by an order of her termination dated 7.1.2008, as contained in Annexure 5/A to the writ application. From a reading of the said order it appears that it was passed by the Director of Social Welfare Department and that too after observing the principles of natural justice. The petitioner, however, would contend that an F.I.R. was lodged without giving opportunity and in fact the criminal action has preceded the departmental action. Counsel for the State, however, would submit that the order passed by the authority terminating engagement on the post of Anganwari Sevika is appealable order and since the order has been passed by the Director, the appeal would not lie before the Commissioner of the Division but before the Commissioner of the Department. 2 Surendra/ In the opinion of this Court the Government policy is very clear that the appointment of Anganwari Sevika has to be made by the Collector on recommendation of the Child Development Project Officer (C.D.P.O.). Any person aggrieved in the matter of any service condition including termination of service passed by the appointing authority has a forum of appeal before the Commissioner of the Division. Obviously if the Director of Social Welfare Department has exercised such power, his order automatically become appealable and therefore, even his order will have to be tested by the petitioner by filing an appeal before the Commissioner of the Division who is definitely superior in rank. That being so, this application is, accordingly, disposed of with the liberty to the petitioner to file an appeal within a period of one month from the date of receipt/ production of a copy of this order and such appeal will be considered by the Commissioner of the Division on merits and would be adjudicated within a period of three months from the date of filing of the representation/appeal. (Mihir Kumar Jha,J.) 3