IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4605 of 2008 KAUSHLYA KUMARI, WIFE OF NARENDER KUMAR, RESIDENT OF VILLAGE AWAKHARA, P.S. CHAINPUR, DISTRICT KAIMUR AT BHABUA. --- PETITIONER Versus 1. THE STATE OF BIHAR, THROUGH THE DIRECTOR OF I.C.D.S., PUBLIC WELFARE DEPARTMENT, BIHAR, PATNA. 2. THE DISTRICT OFFICER, KAIMUR AT BHABUA. 3. DISTRICT PROGRAMME OFFICER, KAIMUR AT BHABUA. 4. THE DISTRICT WELFARE OFFICER, KAIMUR AT BHABUA. 5. THE BLOCK DEVELOPMENT OFFICER, BLOCK CHAINPUR, KAIMUR AT BHABUA. 6. THE CHILD DEVELOPMENT OFFICER, BLOCK CHAINPUR, KAIMUR AT BHABUA. ---- RESPONDENTS ----------- 2 21.4.2011 Counsel for the petitioner challenges the order as contained in Annexure-6 by which the Director, Welfare Department has cancelled the appointment of the petitioner as Anganwari Sevika on the report received by the Child Development Project Officer, Chainpur, Kaimur at Bhabua and the Block Development Officer, Chainpur, Kaimur at Bhabua. The guidelines framed with respect to the service conditions and appointment of Anganwari Sevika and Sahayika in the year 2006 specifically proves that the District Magistrate is the competent authority who can pass any orders on any complaint received against an Anganwari Sevika and Sahayika. The Director, Welfare Department 2 should have forwarded the report of the Child Development Project Officer, Chainpur, Kaimur at Bhabua and the Block Development Officer, Chainpur, Kaimur at Bhabua with his recommendations to the District Magistrate, Kaimur at Bhabua to pass appropriate orders. In the result, I direct that the Director, Welfare should forward the reports of the Child Development Project Officer, Chainpur, Kaimur at Bhabua and the Block Development Officer, Chainpur, Kaimur at Bhabua to the District Magistrate, Kaimur at Bhabua who will pass an appropriate order after giving an opportunity of hearing to the petitioner. The order contained in Annexure-6 dated 23.1.2008 is quashed. However, the petitioner may be reinstated if the District Magistrate finds that the allegations and the report of the Child Development Project Officer, Chainpur, Kaimur at Bhabua and the Block Development Officer, Chainpur, Kaimur at Bhabua are wrong. Learned counsel for the petitioner submits that there is a new incumbent on the post of Anganwari Sevika in Anganwari Centre 3 No. 3, situated at her village Aukhara under the village Panchayat Hatta. In case there is already an appointment on the said post, then it would be proper that the new incumbent should also be heard in the matter. The entire matter should be disposed of within a period of six months. The petitioner is directed to produce a copy of this order within a period of four weeks before the Director, Welfare and the District Magistrate, Kaimur at Bhabua. Counsel for the State should also inform the concerned person regarding this Court’s order. This writ application is disposed of with the aforesaid observations. Sanjay ( Sheema Ali Khan, J.)