IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20668 of 2011 1. Lalpari Wife Of Nagendra Kumar Bharti Resident Of Village-Ayodhya Nagar, Police Station-Bajirganj, District- Gaya. Versus 1. The State Of Bihar. 2. The Secretary, Social Welfare-Cum-Director, I.C.D.S. Directorate, Government Of Bihar, Patna. 3. The Commissioner, Magadh Division, Gaya. 4. The District Magistrate, Gaya. 5. The District Programme Officer, Gaya. 6. The Child Development Project Officer, Vajirganj, District- Gaya. ---------------------------------- 3. 16.12.2011 Heard learned counsel for the petitioner and the State. The petitioner was removed from the post of Anganwari Sewika on allegations for dereliction in discharge of duties after a show cause notice, by the District Programme Officer on directions of the District Magistrate. Even if the Court were to accept the argument that the District Programme Officer abdicated his jurisdiction to the District Magistrate who was the appellate authority, the Court is not inclined to interfere on the ground that the petitioner was given a show cause notice and the petitioner can still avail the remedy or Appeal before the Commissioner. The Court finds it difficult to sustain the order of the Commissioner dated 25.8.2011. If the 2 order of the District Magistrate was not placed by the petitioner, keeping in mind her status not as a Government servant but as an Anganwari Sewika, fairness required the Commissioner to call for a record of the District Magistrate and examine the original order of removal and then pass appropriate orders in accordance with law after hearing the petitioner. The appellate order dated 25.8.2011 is set aside. The matter is remanded to the Commissioner, Magadh Division at Gaya to call for the record of the District Magistrate, examine the original order of removal, the cause shown by the petitioner and then pass a reasoned and speaking order within a maximum period of two months from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)