IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.631 of 2010 1. Rita Kumari Verma @Rita Kumari W/O Bhola Parasad Kushwaha R/O Vill- Pato Karahri Parkhandakbarpur, P.S- Akbarpur, Distt- Nawada Versus 1. The State Of Bihar Through The Divisional Commissioner, Magadh Division, Gaya 2. The District Magistrate, Nawada 3. The Sub Divisional Officer, Rajauli, Distt- Nawada 4. The District Land Acquisition, Officer, Nawada 5. The Child Development Project Officer, Nawada 6. The Mukhiya Parto Karhari Gram Panchayat Akbarpur, Nawada 7. The Panchayat Secretary Parto Karhari Gram Panchayat Nawada 8. Bebi Kumari W/O Manoj Prasad Yadav, R/O Vill-Parto Karhari , P.S- Akbarpur, Distt- Nawada ----------- 3. 26.08.2011 Heard learned counsel for the petitioner, the State and for the private respondent no. 8. The petitioner was removed from the post of Anganwari Sewika by the District Magistrate’s order dated 4.1.2008 on the ground that she was not a resident of the captive area. The petitioner preferred an appeal. The appellate authority held that she remained absent from duty and was negligent in discharge of her duties. It was therefore not inclined to interfere with the impugned order. The appeal was dismissed. Learned counsel for the petitioner makes a short submission that the impugned order of termination was on a specified ground of absence of residence. That was the question to be decided in appeal. The appellate authority has gone off at a 2 tangent creating a third case not urged by the parties and decided the matter. The order is therefore completely without jurisdiction. Counsel for the respondents have not been able to persuade the Court to take any other view of the matter in light of the recitals contained in the impugned appellate order. If a lis is brought before the authority, whether original or appellate, the lis has to be decided as brought before the authority by the parties. The decision making authority cannot create a third case and proceed to decide the lis. The order dated 28.7.2008 passed by the appellate authority is set aside and the matter is remanded to the appellate authority for hearing all concerned including respondent no. 8 afresh and disposing it by a reasoned and speaking order preferably within a maximum period of four months from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)