IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10806 of 2010 1. SUMA DEVI W/O SRI KARTIK PRASAD YADAV R/O VILL & P.O.SUPAHA, P.S.KATORIA, DISTT-BANKA Versus 1. THE STATE OF BIHAR THROUGH DIRECTOR, SOCIAL WELFARE BIHAR, PATNA 2. DISTRICT MAGISTRATE BANKA 3. DISTRICT WELFARE OFFICER BANKA 4. DISTRICT PROJECT OFFICER BANKA 5. CHILD DEVELOPMENT PROJECT OFFICER KATORIA, BANKA 6. MUKHIYA GRAM PANCHAYAT KATHAON, BANKA 7. PANCHAYAT SECRETARY, GRAM PANCHAYAT KATHAON, BANKA ----------- 2. 20.09.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner is aggrieved by order dated 28.5.2010 terminating her appointment from the post of Anganwari Sahaika on the ground of alleged forged certificates. Reliance is placed on a Division Bench judgment of this Court in 2010 (2) PLJR 374 (Prabha Kumari Devi Vs. State of Bihar & ors.), that the District Magistrate alone was competent to decide the issues of illegality of appointment under the regulations and the order by the District Programme Officer is therefore without jurisdiction. Learned Counsel for the State submits that the matter may be referred to the District Magistrate. The order dated 28.5.2010 is set aside. This shall however not result in reinstatement of the petitioner. The District Magistrate is directed to decide the issue of illegality of appointment of the petitioner after due opportunity to her including furnishing materials on which the authorities propose to rely upon to unseat the petitioner and pass a reasoned and speaking order within a maximum period of four months from the date of receipt and/or presentation of a copy of this order. Nothing precludes the authorities from making any interim arrangement on the post till disposal of the matter, if not already made. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)