IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11148 of 2009 SMT. MONI KUMARI, WIFE OF SRI SANTOSH KUMAR SINHA @ SANTOSH SINHA, RESIDENT OF VILLAGE PARORIYA, PANCHAYAT BINJU BIGHA MESKAUR, P.S. SIRDALA, DISTRICT NAWADAH----PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, MAIN SECRETARIAT, BIHAR, PATNA. 2. THE SECRETARY, DEPARTMENT OF WELFARE, BIHAR, PATNA. 3. THE DIRECTOR, ICDS, DEPARTMENT OF WELFARE, BIHAR, PATNA. 4. THE COMMISSIONER, MAGADH, GAYA. 5. THE DISTRICT MAGISTRATE, NAWADAH. 6. DISTRICT PROGRAMME OFFICER, NAWADAH. 7. THE CHILD DEVELOPMENT PROJECT OFFICER, MESKAUR, DISTRICT NAWADAH. 8. THE MUKHIYA, BINJU BIGHA, MESKAUR, P.S. SIRDALA, DISTRICT NAWADAH ----RESPONDENTS. ----------- 02. 01.09.2009. Heard learned counsel for the petitioners and the State. 2. Petitioner was appointed as Anganwari Sewika for Centre Paroria within Binju Bigha Gram Panchayat in the district of Nawadah. Her appointment has been cancelled on the ground that she does not belong to the area from which the constituents attached to the Centre come from. 3. It is submitted on behalf of the petitioner that such conclusion of the District Magistrate, Nawadah is wholly erroneous and assailing the order of the District Magistrate, Nawadah dated 22.6.2009, Annexure-7 petitioner has filed appeal before the Commissioner, Magadh Division, memo whereof is contained in Annexure-9 to this application, which is dated 4.8.2009. In this connection, it is relevant to point out that earlier also the case of the petitioner was considered by the District Magistrate, Nawadah and her appointment was set aside. The matter was taken in appeal before the Commissioner, Magadh Division, who remanded back the matter to the District Magistrate, Nawadah, whereafter the present order has been passed by the District Magistrate, Nawadah. As the original order passed by the District Magistrate was challenged before the Commissioner, Magadh Division, the subsequent order - 2 - passed by the District Magistrate should also be assailed before the Commissioner, Magadh Division as the appeal against the order passed by the District Magistrate cannot be considered by the District Magistrate himself. 4. Accordingly, I direct the Divisional Commissioner, Magadh Division to accept the appeal of the petitioner and register the same and thereafter consider it in accordance with law as early as possible, in any case within one month from the date of receipt of the memo of appeal along with a copy of this order. Any appointment made, in the meanwhile on the post from which petitioner has been removed shall be subject to the result of the order passed by the Divisional Commissioner, Magadh Division. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)