IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16971 of 2008 LALITA KUMARI, W/O DEO NANDAN PRASAD, R/O VILLAGE-BARDIHA, P.O.-ERREI, P.S.- PAKARIBARAWAN, DISTRICT-NAWADAH. ………………PETITIONER. Versus 1. THE STATE OF BIHAR, THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 2. THE COMMISSIONER, MAGADH DIVISION, GAYA. 3. THE COLLECTOR, DISTRICT NAWADAH. 4. THE DISTRICT WELFARE OFFICER, DISTRICT NAWADAH. 5. THE CHILD DEVELOPMENT PROJECT OFFICER, BLOCK PAKARIBARAWAN, P.S.-PAKARIBARAWAN, DISTRICT NAWADAH. 6. THE MUKHIYA, GRAM PANCHAYAT AIRRI, BLOCK PAKARIBARAWAN, P.S.-PAKARIBARAWAN, DISTRICT- NAWADAH. ………………RESPONDENTS. ----------- 2 25.03.2011 From Annexure-10, it appears that the engagement of the petitioner as Anganwari Sevika has been cancelled by the respondent Collector on the sole ground that during inspection on 09.10.2006 she was found absent and her attendance in the register was found only up to 27.09.2006. It was found that there was no documentary evident in support of the plea of the petitioner that she was on sanctioned leave during this period. The said order has been affirmed by the Commissioner also, vide Annexure-11. Learned counsel for the petitioner produces an application of the petitioner addressed to the Mukhiya for casual leave 2 from 28.09.2006 to 10.10.2006. There are some endorsements of the C.D.P.O. and Mukhiya in the margin of the application, showing that the same was allowed, though the endorsements and signatures are faint. The photocopy of the application is also annexed as Annexure- 3/1 with the writ application. There is nothing on record to show that this document was produced before the Collector or the Commissioner by the petitioner and the authenticity and genuineness of the document was examined by any authorities. In the circumstances, the writ application is disposed of with liberty to the petitioner to produce this application before the Collector along with a representation for re-consideration of the matter. Upon production of the document with representation, the Collector shall get an inquiry held with regard to the authenticity and genuineness of the document and the endorsements made thereon from the concerned officials whose endorsement appears to be on the application. If the document is found to be genuine and authentic, the Collector shall 3 be well advised to re-open the matter, hear the parties and pass fresh orders in the matter of petitioner. The exercise in this respect should be completed by the Collector within a period of two months from the date of receipt/production of a copy of this order. The approval order of the Commissioner shall not come in the way of the Collector to re-open the matter and decide it again on merits. Arvind/ ( J. N. Singh, J.)