IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11112 of 2010 Gyanti Kumari, w/o Arvind Kumar, Resident of Village Nijamat, P.O. Nanauri, P.S. Dhanarua, Block Dhanarua, District Patna……….Petitioner Versus 1. The State Of Bihar. 2. The Director, Social Welfare Department, I.C.D.S. State of Bihar, Patna. 3. The Secretary, Social Welfare Department, State of Bihar, Patna. 4. The District Programme Officer, Patna. 5. The District Magistrate, Patna. 6. The Sub-Divisional Magistrate, Masaurhi, Patna. 7. The Child Development Project Officer, Dhanarua, P.S. Dhanarua, District Patna. 8. The Mukhiya, Gram Panchayat, Hulashchak- Bir, P.S. Dhanarua, District Patna. 9. Sushila Kumari, W/o Devendra Kumar, Resident of Village Doman Bigha, P.O. Nanauri, P.S. Dhanarua, Block Dhanarua, District Patna………………………………………….Respondents ----------- 2 15.04.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. From Annexure-3 it appears that the appeal of respondent no.9 was disposed of by the Divisional Commissioner, Patna remitting the matter back to the Collector for reconsideration and for final order positively within two months after hearing the parties. There is nothing on record to show that thereafter the Collector has passed final order. 2 The grievance of the petitioner is that in the meanwhile, though Child Development Project Officer, Dhanarua had reported that certificates of the private respondent were found forged, the District Programme Officer, vide order dated 21.2.2009 as contained in Annexure- 5, has allowed the private respondent to function as Anganwari Sevika for the Centre in question. The action of the District Programme Officer is not correct. Once he has taken notice of the order of the Commissioner setting aside the earlier order of the Collector, he should have also appreciated the fact that the matter had been remitted back to the Collector by the Commissioner and, therefore, he should have awaited final decision of the Collector before allowing the private respondent to function as Anganwari Sevika. However, since the matter appears to be pending with the Collector, Patna, he is directed to pass final orders in the matter, as remitted back to him by 3 the Commissioner, vide order dated 04.06.2008 passed in Miscellaneous Appeal No.265/2008, and after giving an opportunity of hearing to the parties, and to take a final decision in accordance with law preferably within two months from the date of receipt/production of a copy of this order. The functioning of the private respondent, pursuant to the order of the District Programme Officer dated 21.02.2009, shall be subject to final order of the Collector and shall not create any right in her for continuance as Anganwari Sevika. The writ application is disposed of with the aforesaid observations and directions. BT (J. N. Singh, J.)