IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8416 of 2009 MOST.POONAM PRIYA, WIFE OF LATE NAWAL KISHORE SAH, R/V BHAGWANPUR, P.O. AMARPUR, DISTRICT SAHARSA----PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, SOCIAL WELFARE DEPARTMENT, BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, SAHARSA. 4. THE DISTRICT DEVELOPMENT COMMISSIONER, SAHARSA. 5. THE DISTRICT WELFARE OFFICER, SAHARSA. 6. THE BLOCK DEVELOPMENT OFFICER, KAHRA, SAHARSA. 7. THE CHILD DEVELOPMENT PROJECT OFFICER, KAHRA, SAHARSA. 8. THE MUKHIYA, BHAGWANPUR, KAHRA, SAHARSA. 9. THE PANCHAYAT SECRETARY, AMARPUR GRAM PANCHAYAT, KAHRA, SAHARSA------RESPONDENTS. ----------- 03. 23.07.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner was appointed as Aanganwari Sewika. Later her services have been terminated by the District Magistrate, Saharsa under order bearing Memo No. 95 dated 11.4.2008, Annexure-7, against which petitioner filed appeal before the Divisional Commissioner, Saharsa who dismissed the appeal under order dated 26.3.2009, which has been communicated to the petitioner under memo No. 153 dated 31.3.2009, Annexure-9. Perusal whereof indicates that while dismissing the appeal learned Divisional Commissioner, Saharsa has not assigned any reason. He simply says that it would not be proper to interfere with the order of the learned District Magistrate, Saharsa. The appellate authority even while agreeing with the original authority is required to assign reasons repelling the submissions made by the aggrieved appellant. 3. Accordingly, I set aside the order dated 26.3.2009 passed in appeal No. 09 of 2008 and communicated to the petitioner under memo No. 153 dated 31.3.2009, Annexure-9 and remit back the appeal to the Divisional Commissioner, Saharsa to hear the appeal once again and consider the submissions made in support of the appeal and pass speaking order as early as possible, in any case within two months from the date of receipt/production of a copy of this order. 4. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.) - 2 -