IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6662 of 2010 1. NIRMALA KUMARI @ NIRMALA DEVI, W/O SRI RAGHUNATH RAM, R/O VILLAGE - GAHILA, P.S.- MORAWA, DISTRICT-SAMASTIPUR. Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY, DEPARTMENT OF SOCIAL WELFARE, GOVT. OF BIHAR, PATNA 3. THE DIRECTOR, INTEGRATED CHILD DEVELOPMENT SCHEME INDRA BHAWAN, PATNA. 4. THE DISTRICT COLLECTOR, SAMASTIPUR. 5. THE DISTRICT PROGRAMME OFFICER, SAMASTIPUR. 6. THE CHILD DEVELOPMENT PROJECT OFFICER, MORWA, SAMASTIPUR. ----------- 4 01.04.2011 In this writ application, petitioner has challenged an order of the Collector, Samastipur dated 12.11.2009, as contained in Annexure-10, by which, on the report of the C.D.P.O. and, after considering the show cause of the petitioner, he has cancelled the appointment of the petitioner as Anganwari Sevika on the proved allegation of her long unauthorized absence. Learned counsel for the petitioner refers to an letter of the Department dated 25.07.2008 and submits that, on the ground of any irregularity or lapses committed by an Anganwari Sevika/Sahayika, the power is vested in the District Programme Officer to hold an enquiry and cancel the engagement. Against the same, appeal lies before the 2 Collector and revision lies before the Commissioner. He submits that since the Collector has exercised the power himself which is vested in the District Programme Officer, the petitioner has lost a valuable right of appeal. Hence, he submits that the order of the Collector is bad in law and fit to be set aside. The writ application was filed on 16.04.2010 with service of two copies of the same in the office of learned Advocate General. However, till today no counter affidavit has been filed. After going through Annexure-10, this Court finds that only on the report of the C.D.P.O. and the explanation submitted by the petitioner, the Collector has passed orders. Clearly, the power vested with the District Programme Officer and appeal lay before the Collector. In the circumstances, the order, as passed by the Collector, as contained in Annexure-10, is set aside. The Collector is directed to transmit the records of the case to the concerned District Programme Officer for consideration and for a final decision. 3 The District Programme Officer, on receipt of the records, shall issue notice to the parties, hear them and pass appropriate orders in accordance with law within two months from the date of receipt of the records. Arvind/ ( J. N. Singh, J.)