IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.2441 OF 2008 AASHA KUMARI, WIFE OF LAKSHMI NARAYAN RAM @ GORAKH RAM, RESIDENT OF VILLAGE POWAWAN, POLICE STATION MASAURHI, DISTRICT PATNA …………………………………………………………………………PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE COMMISSIONER –CUM- SECRETARY, HUMAN RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, PATNA, BIHAR 4. THE SUB-DIVISIONAL OFFICER, PATNA, BIHAR 5. THE CHILD DEVELOPMENT PROJECT OFFICER (BAL VIKASH PARIYOJNA PADADHIKARI), PATNA, BIHAR 6. SHIV PASWAN, SON OF NOT KNOWN, MUKHIYA, GRAM PANCHAYAT KHARAT, MASAURHI, DISTRICT PATNA 7. RAM NATH SINGH, SON OF NOT KNOWN, SECRETARY, GRAM PANCHAYAT KHARAT, MASAURHI, DISTRICT PATNA ……………………………………………………………………………….…RESPONDENTS ********* 2 28/03/2011 The petitioner is aggrieved by the order as contained in Annexure-4 passed by the Mukhiya, of Poawan village, Masaurhi, Patna. By the impugned order dated 22.08.2007, the Mukhiya has passed an order cancelling the appointment of the petitioner as Aanganbari Sevika on the ground that she comes outside the ‘Poshak’ region. The petitioner in order to substantiate the fact that she has been duly appointed in the Centre No. 145, village Poawan, has annexed her Election Identity Card showing her and her husband to be a resident of Poawan village. It is submitted that on the basis of the aforesaid identity card, the Mukhiya obviously passed order based on an extraneous consideration. There is a provision of 2 appeal to the District Magistrate against any adverse order passed against a person by the Mukhiya or any other authority. The petitioner has filed a representation before the District Magistrate, Patna which is not in the format of an appeal. It has also been submitted that the post of Aanganbari Sevika of Centre No. 145 of village Poawan is still vacant. In the circumstances, I direct the petitioner to file an application before the District Magistrate, Patna within a period of four weeks from the date of receipt of a copy of this order. The District Magistrate, Patna will call for a report from the concerned Mukhiya, and determine whether any other person has been appointed in place of the petitioner as Aanganbari Sevika, if so, issue notice to the said person, and after effective service of notice, hear the matter and dispose it of within a period of four months from the date of filing of the application or from the date of effective service of notice. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )