IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11590 of 2009 Sunaina Kumari wife of Nawal Kishsore Prasad, resident of village Chandasi, P.S. Noorsarai, District Nalanda Versus 1. The State Of Bihar through the Principal Secretary, Social Welfare Department, Government of Bihar, Patna 2. The Joint Secretary, Social Welfare Department, Government of Bihar, Patna 3. The Deputy Secretary, Social Welfare Department, Government of Bihar, Patna 4. The Director, ICDS, Social Welfare Department, Government of Bihar, Patna 5. The District Magistrate, Nalanda 6. The District Programme Officer, Nalanda 7. The Child Development Project Officer, Noorsarai, Nalanda ----------- 02/ 07.09.2009 Learned counsel for the petitioner has filed supplementary affidavit, which is taken on record. 2. Heard learned counsel for the petitioner and the State. 3. Petitioner is aggrieved by the order of the District Programme Officer, Nalanda, bearing Memo No. 289 dated 6.8.2009, Annexure-9 to this application, whereunder in compliance of the direction of the Deputy Secretary of the Social Welfare Department, bearing letter No. 1799 dated 4.8.2009, Annexure-11, the District Programme Officer has cancelled the appointment of the petitioner as Anganwari Sewika for Centre No. 70, Chandasi within Noorsarai Block in the District of Nalanda. 4. It is submitted on behalf of the petitioner, with reference to the aforesaid letter no. 1799 dated 4.8.2009 of the Deputy Secretary of the Social Welfare Department, Annexure- 11 that the same proceeds on the basis of the report of the Joint 2 Secretary, Social Welfare Department, who had made inspection of the Centre No.70, Chandasi along with other centres and found Centre No. 70, Chandasi closed on 27.6.2009. In this connection, it is submitted that petitioner had sought for Casual Leave for one day in order to attend the marriage in her parental home, which was duly granted by the Mukhiya, Sri Anil Kumar on 26.6.2009 as would appear from the request made to the Mukhiya by the petitioner under letter dated 26.6.2009, Annexure-2. 5. It appears, having received the order from the Deputy Secretary of the Social Welfare Department, petitioner was noticed as to why she should not be removed from the post of Anganwari Sewika of Centre No. 70, Chandasi, in response whereto she submitted reply that on 27.6.2009 she had gone to attend the marriage at her parental home after obtaining leave from the Mukhiya, Sri Anil Kumar, as would appear from her letter dated 26.6.2009 addressed to the Mukhiya of Gram Panchayat Chandasi within Noorsarai Block contained in Annexure-2 to this application. 6. It is submitted on behalf of the petitioner that without considering the aforesaid reply filed by the petitioner, impugned order bearing Memo No. 289 dated 6.8.2009, Annexure-9 to this application removing her from the post of Anganwari Sewika of Centre No. 70, Chandasi has been passed. 7. Against the order dated 6.8.2009, Annexure-9 3 petitioner has remedy of appeal before the District Magistrate, Nalanda at Biharsharif. Accordingly, let the petitioner file appeal against the said order dated 6.8.2009, Annexure-9 before the District Magistrate, Nalanda raising the plea that on 27.6.2009 when her centre was found closed by the Joint Secretary of the Social Welfare Department, she was on leave under orders from the Mukhiya of the Gram Panchayat and her appointment should not be terminated on the ground of her absence pursuant to grant of leave by the Mukhiya. The District Magistrate, Nalanda should consider the appeal and if he is satisfied that petitioner had obtained leave for remaining absent from the centre on 27.6.2009 to attend the marriage at her parental home then the District Magistrate should set aside the order dated 6.8.2009, Annexure-9 to this application. The appeal be disposed of by the District Magistrate, Nalanda as early as possible, in any case within one month from the date of receipt of the memo of appeal against the order dated 6.8.2009, Annexure-9 along with a certified copy of this order. 8. Any appointment made meanwhile on the post from which the petitioner has been removed, shall be subject to the result of the appeal filed by the petitioner before the District Magistrate, Nalanda. 9. This writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)