IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12325 of 2009 INDU DEVI, WIFE OF AMAR SINGH, RESIDENT OF VILLAGE- KULHARIA, P.S.-KOILWAR, DISTRICT- BHOJPUR. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR, SOCIAL WELFARE, WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, I.C.D.S. DIRECTORATE, INDIRA BHAWAN, PATNA. 3. THE DIVISIONAL COMMISSIONER, PATNA DIVISION, PATNA. 4. THE DISTRICT MAGISTRATE, BHOJPUR. 5. THE DISTRICT PROGRAMME OFFICER, I.C.D.S. BHOJPUR AT ARRAH. 6. THE CHILD DEVELOPMENT PROJECT OFFICER, KOILWAR, DISTRICT-BHOJPUR. ... ... RESPONDENTS. ----------- 2. 17.9.2009. Heard learned counsel for the petitioner and the State. The appointment of the petitioner as Anganwari Sewika has been terminated under order of the District Magistrate, Bhojpur, Ara bearing Memo No.340 dated 19.8.2009 issued under the signature of District Programme Officer, Bhojpur as contained in Annexure-1 to this application, perusal whereof indicates that her appointment has been terminated on the ground that the take home ration was being distributed on 11.1.2008 at the house of Ramji Yadav in the Ward No.1 of the Gram Panchayat. In this connection, it is pointed out that Anganwari centre of which petitioner was the Sevika was - 2 - under repair under Scheme No.10 of 2007-08 and the repair work of the centre continued until 5.2.2008. The transfer of the centre was approved by the Mukhiya of the Gram Panchayat. In this connection, it is further pointed out that petitioner has not committed any illegality as the building of the centre being under repair and temporary abode of the centre being located in the house of Ramji Yadav in Ward No.1. Petitioner had no option but to distribute the take home ration at the house of Ramji Yadav. It is further pointed out that in this connection, the District Magistrate has not considered the work order for execution of Scheme No.10 of 2007-08, which was issued for repair of the community hall in which the Anganwari Centre concerned was located and the repair work of the centre began on 11.10.2007 and continued until 5.2.2008 as would appear from the order sheet annexed along with the work order contained in Annexure-7 series. Having heard learned counsel for the petitioner and the State and having appreciated the fact that the original order - 3 - N.H./ has been passed by the District Magistrate, Bhojpur, Ara, I direct the petitioner to file appeal against the order dated 19.8.2009 (Annexure-1) before the Divisional Commissioner annexing a copy of this order, who should consider the case in accordance with law as early as possible in any case within one month from the date of receipt of the memo of appeal annexing a copy of this order. This application is, accordingly, disposed of. ( V.N. Sinha,J.)