IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11038 of 2009 RANI KUMARI @ RANI KUMARI JAISWAL, W/o- Mahesh Kumar Chaudhary, R/o- Village- Kathagola, P.S.- Bariri, District- Katihar :--Petitioner. Versus 1. THE STATE OF BIHAR 2. The Collector, Katihar, 3. The District Programme Officer, Katihar. 4. The Balbikas Pariyajna Padadhikari, Barari Block, Katihar. 5. The Mukhiya, Gram Panchayat, South Bhandartal Block Barari, Katihar :------ Respondents. ----------- 2. 31.08.2009. Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order bearing Memo No. 321 dated 14.07.2009, Annexure-9 whereunder the District Programme Officer, Katihar in compliance of the directions of the District Magistrate bearing Letter No. 1686 dated 10.07.2009 has cancelled the appointment of the petitioner as Anganwadi Sevika in the light of the letter received from the office of the Hon’ble Lokayukta bearing Letter No. 3595 dated 07.06.2007 on the basis of the complaint of Sri Ashok Kumar Mahto of Village- Uchala within Gram Panchayat Raj, South Bhandartal in the district of Katihar. 3. It is submitted on behalf of the petitioner that earlier in the light of the recommendation of the Aam Sabha petitioner was appointed under order bearing Memo No. 387 dated 03.09.2004, Annexure-5 and in response thereto submitted her joining as also was drawing her honorarium regularly after discharging her work to the satisfaction of all concerned. On receipt of the letter from the office of the Lokayukta bearing no. 3595 dated 07.06.2007 the petitioner was neither heard by the Collector nor by the District Programme Officer and treating the contents of the report to be correct she has been - 2 - removed under impugned order dated 14.07.2009, Annexure-9. In this connection it is also pointed out that she was not even heard by the Hon’ble Lokayukta after receipt of the complaint from Sri Ashok Kumar Mahto aforesaid. 4. Having heard counsel for the petitioner and the State, I direct the petitioner to assail the order bearing Memo No. 321 dated 14.07.2009, Annexure-9 before the Divisional Commissioner as the same has been passed on the basis of the order of the District Magistrate, Katihar dated10.07.2009 without giving any opportunity to the petitioner of being heard. Let the appeal against the order dated 14.07.2009, Annexure-9 be considered and disposed of by the Divisional Commissioner as early as possible, in any case within a period of one month from the date of its receipt along with a certified copy of this order. Any appointment made in the meanwhile on the post from which the petitioner has been removed shall be subject to the result of the appeal filed by the petitioner in compliance of the orders of this Court. 5. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J. )