IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16615 of 2010 PREMSHILA . Versus THE STATE OF BIHAR & ORS . with CWJC No.17103 of 2010 MOSTT.ANITA PANDEY . Versus THE STATE OF BIHAR & ORS . ----------- 2. 26.10.2010 Heard learned Counsel for the petitioners and the learned Counsel for the State. The petitioners, Anganwari Sevikas, are aggrieved by the order of the District Programme Officer dated 28.6.2010 terminating their services on grounds of dereliction in discharge of duties. Learned Counsel for the petitioner relies upon a Division Bench order reported in 2010 (2) PLJR 374 (Prabha Kumari Devi Vrs State of Bihar & others) to urge that it was only the District Magistrate who was competent to order termination and therefore the order of the District Programme Officer is without jurisdiction. The Division Bench in the case of Prabha Kumari Devi (Supra) at paragraph 11 discussing the guidelines in its entirety has held that the District Programme Officer is competent to deal with issues of irregularities by the Anganwari Sevikas at the Kendra and that he has been authorized to take appropriate action even to remove them which is subject to appeal before the District Magistrate. The District Programme Officer does not have the power to intervene at the stage of selection which is the prerogative of the District Magistrate. It has already been noticed that in the present case the allegation against the petitioners relate to deficiency in discharge of duty and termination is not based on any illegality in the appointment. In that view of the matter learned Counsel for the petitioner prays for leave to withdraw the application to avail the remedy of appeal before the District Magistrate. If such an appeal is filed within a period of 30 days from today let the same be considered and decided by the Appellate Authority preferably within a maximum period of three months from the date of receipt and/or presentation of such memo of appeal by a reasoned and speaking order after hearing all concerned. The writ applications stand dismissed as withdrawn. Snkumar/- (Navin Sinha,J.)