IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18448 of 2010 Nutan Devi, wife of Shashi Bhushan Kumar, resident of village and Post- Parshurampur, P.S. Parsauni, District- Sitamarhi ………….. Petitioner Versus 1.The State Of Bihar 2.The Commissioner, Social Welfare Department, Tirhut Commissionery, Muzaffarpur 3.The Collector-cum-District Magistrate, Sitamarhi 4.The District Programme Officer, Sitamarhi 5.The Child Development Project Officer, Parsauni Block, District- Sitamarhi 6.The Mukhiya Gram Panchayat Raj, Parshurampur, Block Parsauni, District- Sitamarhi. ………….. Respondents ----------- 2. 04/03/2011 By the impugned letter of the District Programme Officer dated 8.10.2010, as contained in Annexure-4, the Child Development Project Officer has been directed to cancel the engagement of Anganbari Sahayika and has also been directed to obtain fresh applications for Anganbari Sevika and prepare a fresh merit list. Learned counsel for the petitioner rightly submits that this amounts to cancellation of engagement of the petitioner, who has been selected as Anganbari Sevika for Centre no.7. He submits that since this cancellation has been ordered on the ground of illegality committed in the engagement of the petitioner, the District Programme Officer has no power to do that. As per the 2 Guidelines, the District Programme Officer can only submit report to the Collector in case he finds that there has been some irregularity or illegality in the selection of Anganbari Sevika of Sahayika. On receipt of such report, the Collector has to hear the parties and then can pass orders. The District Programme Officer is not authorized to order for any such cancellation from his own hand. This legal position has not been disputed by learned counsel for the State. In the circumstances, part of letter by which District Programme Officer has directed the Child Development Officer to cancel the selection and to invite fresh applications is quashed. This letter should be treated as report of the District Programme Officer and the same should be sent to the Collector, who shall get the notice served on the respective parties, along with a copy of the said letter as also any other material which he intends to examine in the matter, shall hear the parties and thereafter shall pass appropriate orders in accordance with law. Till final orders are passed by the Collector, petitioner shall not be disturbed from 3 functioning. The writ application is disposed of with the aforesaid observations and directions. Pradeep/ ( J. N. Singh,J.)