IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18050 of 2009 1. SNEH PRABHA W/O MANOJ PRASAD R/O VILL- KAJICHAK, P.S. RAJAULI, DISTT. NAWADAH Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 2. THE COMMISSIONER MAGADH DIVISION, GAYA 3. THE DISTRICT MAGISTRATE CUM COLLECTOR NAWADAH 4. THE CHILD DEVELOPMENT PROJECT OFFICER RAJAULI, DISTT. NAWADAH 5. SANJU KUMARI W/O SUNIL PRASAD R/O VILL- KAJICHAK, P.S. RAJAULI, DISTT. NAWADAH ----------- 2. 12.3.2010 Heard learned counsel for the petitioner and the State. The controversy relates to appointment on the post of Anganwari Sewika. The petitioner claims to have been appointed as such when on a complaint made by respondent no. 5, she was asked to show cause whereafter the District Magistrate terminated her appointment on 15.3.2008. She preferred an appeal before the Commissioner, Gaya on 7.5.2008. This Court in C.W.J.C. No. 6903 of 2008, directed disposal of the appeal within three months. The grievance is that the Commissioner instead of disposing of the appeal himself transferred the records to the District Magistrate an authority which had passed the original order of cancellation. The latter then sat in appeal over his own order and upheld his own earlier order dated 7.5.2008. The submission therefore is of a procedure 2 unknown to law adopted at the appellate stage with the appellate authority abdicating jurisdiction completely. From the bare recitals in the impugned order dated 25.5.2009, there is no reference to any order of remand as in that event matters would be different. The recitals reflect transfer of the Appeal. Learned counsel for the respondent no. 5 very fairly submits on instruction that the matter was not remanded by the Commissioner but has been reheard by the District Magistrate in an appellate capacity. The order dated 25.5.2009, therefore, suffers from grave illegality of procedure. It is, accordingly, set aside. This shall not disturb the status quo existing between the parties. The matter is remanded to the Court of the Commissioner to hear all concerned, including respondent no. 5 and then pass a reasoned and speaking order in accordance with law, within a maximum period of three months from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar (Navin Sinha, J.)