IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15148 of 2009 1. USHA KUMARI W/O SRI UPENDRA PRASAD GUPTA R/O VILL.- BELLA (BEGROULI), P.O. BARAHSAR, P.S. BIHARA, DISTT.- SAHARSA Versus 1. THE STATE OF BIHAR THROUGH SECRETARY, SOCIAL WELFARE DEPTT., BIHAR, PATNA 2. COMMISSIONER, SAHARSA KOSHI DIVISION 3. COLLECTOR SAHARSA 4. DISTRICT PROGRAMME OFFICER, SAHARSA 5. AREA EDUCATION OFFICER SATTARKATAIYA BLOCK SAHARSA 6. CHILD DEVELOPMENT PROGRAMME OFFICER SATTARKATAIYA BLOCK SAHARSA 7. MUKHIYA GRAM PANCHAYAT BARAHSAR P.S. BIHARA, SAHARSA ---------- For the Petitioner :- Mr. Pramod Kumar Mallich, Adv. For the Respondents:- Mr. Satish Kumar Sinha, A.C. to A.A.G. IV ------------------- 2. 26.11.2009 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner submits that the controversy relates to appointment of Anganbari Sewika in Chakla Tola. While irregularities have been found in the appointment at other centres, the District Programme officer in his report dated 3.6.2008 at Column 5 has pointed out that there was no irregularity at this centre and the appointment of the petitioner on the post of Anganwari Sewika appeared to be in consonance with law. The District Magistrate in his order dated 27.11.2008 appears to have proceeded at a collective reasoning when he clubbed the petitioner’s centre with those whose appointments had been made contrary to law. The appeal before the Commissioner came to be disposed by a non-speaking cryptic order. 2 Having heard counsels for the parties, this Court is satisfied that the order of the Commissioner dated 16.4.2009 and of the District Magistrate dated 27.11.2008 are fit to be set aside and the matter remanded to the District Magistrate himself to pass a fresh, reasoned and speaking order in so far as the petitioner appointment in the Chakla Tola centre is concerned, dealing adequately regard to the report of the District Programme Officer dated 16.3.2008 at item 5. Let such consideration be done and appropriate orders passed within a maximum period of three months from the date of receipt/production of a copy of this order. The writ application stands allowed. P. Kumar (Navin Sinha, J.)