IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6358 of 2010 1. Bebi Kumari @ Bebi Devi W/O Sri Shrawan Kumar Yadav R/O Vill Ramkol, P.S.Panjbara In The District Of Banka Versus 1. The State Of Bihar 2. The Commissioner Cum Secretary Social Welfare Department Govt. Of Bihar, Patna 3. The Director Social Welfare Department Govt. Of Bihar, Patna 4. The District Magistrate Banka 5. The District Welfare Officer Banka 6. The Child Development Project Officer Dhoraia, Distt- Banka 7. The Mukhiya Of Gram Panchayat Ramkol , Distt-Banka 3/ 13/09/2011 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 25.3.2010 passed by the District Programme Officer unseating her from the post of Angan Bari Sevika and directing fresh selection. Learned counsel for the petitioner submits that the District Programme Officer had no jurisdiction to deal with issues of alleged illegality/irregularity in appointments of an Angan Bari Sevika after the Division Bench judgement on 16.2.2010 reported in 2010 (2) P.L.J.R. 374 limiting that power to the District Magistrate alone and the District Programme Officer was competent to deal with issues of dereliction in discharge of duties by Angan Bari Sevikas only. 2 Learned counsel for the State submits that the appointment was not in government service, but as an agent of the Government. If the order contains germane reasons and is not arbitrary, and the petitioner has been heard in the matter, the Court may not interfere. The Court is of the considered opinion that judicial discipline requires it to follow the Division Bench order without furthermore. There is no occasion for this Court to make any observations and/or express any opinion. The impugned order dated 25.3.2010 is set aside. The matter is remanded to the District Magistrate to hear the petitioner and others concerned including Respondent No.8 and then pass fresh appropriate orders in accordance with law. The objection on behalf of Respondent No.8 that subsequent developments may be relevant are matters to be considered appropriately by the District Magistrate himself. Let such appropriate final orders be passed by the District Magistrate within a maximum period of three months from the date of receipt/production of a copy of this order before him. Appeal shall lie before the Commissioner of the Division to the aggrieved. 3 Status quo between the parties shall be maintained till the date of such fresh decision by the District Magistrate. The writ application is allowed. KC ( Navin Sinha, J.)