IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20903 of 2011 1. Pratima Devi W/O Sri Anil Prasad Verma R/O At & P.O.- Bithosharif, P.S.- Chandauti (Chakan O.P.), District- Gaya Versus 1. The State Of Bihar 2. The Hon'Ble Minister Social Welfare Department, Government Of Bihar, Patna 3. Commissioner, Magadh Division, Gaya 4. Collector Cum District Magistrate, Gaya 5. District Programme Officer, Gaya 6. Child Development Programme Officer, Gaya (Rural) ---------------------------------- 2. 20.12.2011 Heard learned Counsel for the petitioner and the State. In the nature of the order to be passed no useful purpose shall be served by calling for a counter affidavit. The writ application is therefore being disposed at this stage. The petitioner was removed from the post of Anganwari Sevika on 9.5.2011 by order of the District Programme Officer referring to the orders of the District Magistrate dated 5.5.2011 on grounds for allegation of dereliction in discharge of duties. The appeal preferred before the Commissioner has been cryptically rejected holding that the order of the District Magistrate (5.5.2011) was not on record. That the appellate forum could not be utilized questioning letters of the District Magistrate unless the order of the District Magistrate had been brought on record. Learned Counsel submits that if the allegations were for dereliction in discharge of duties the order was required to be of District Programme Officer and the appellate authority was the District Magistrate. Passing of an order on the dictates of the appellate authority vitiates the order of removal without further more. The 2 petitioner has not only been deprived of an appellate forum but the Commissioner has wrongly refused to consider matters on merit. The petitioner is not a government servant but an agent of the government. Rather than resorting to technicality the Commissioner should have called for the record from the District Programme Officer or the District Magistrate and decided the matter on merits after examining the orders of the District Magistrate. The District Magistrate has ordered removal of the petitioner on 5.5.2011. It has visited the petitioner with adverse civil consequences and cannot be classified as a letter wrongly termed so by the Commissioner. The order of the Commissioner, Magadh Division, dated 25.8.2011 is set aside. The matter is remanded to the Commissioner for fresh disposal in accordance with law in light of the discussions contained in the present order. The writ application stands allowed. Snkumar/- (Navin Sinha,J.)