IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1181 of 2009 Sheela Kumari . Versus The State Of Bihar & Ors . ----------- 2. 28.06.2011 Heard learned counsel for the petitioner and the State. It is submitted that against the order of the District Programme Officer unseating the petitioner from the post of Aganwari Sewika, the petitioner preferred an appeal before the District Magistrate who dismissed the same. The Commissioner on a challenge against the same remanded the matter to the District Magistrate to pass fresh appropriate orders. Contrary to the direction of the Commissioner fresh appropriate orders have been passed by the District Programme Officer on 16.12.2008 which does not even refer that it was being issued in pursuance of any orders of the District Magistrate. The contention of the petitioner is very specific during submissions. Had that been incorporated in the writ petition the respondents would have an opportunity to answer the same. The writ petition certainly suggests so but not in specific terms. The Court on a conjoint reading of the order of the Commissioner dated 18.4.2008 and the order of the District Programme Officer dated 16.12.2008 is satisfied 2 that the contentions on behalf of the petitioner appears to be prima facie correct. The order of the District Programme Officer, Patna dated 16.12.2008 is set aside. Let the District Magistrate, Patna pass fresh appropriate order after hearing the petitioner in terms of the direction given by the Commissioner on 18.4.2008 in Misc. Appeal No. 163 of 2008 preferably within a maximum period of four to five months from the date of receipt/production of a copy of this order before him. The writ application stands disposed. P. Kumar ( Navin Sinha, J. )