IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3717 of 2009 Pushpa Kumari . Versus The State Of Bihar & Ors . ----------- 2. 14.07.2011 Learned counsel for the petitioner submits that the Sub Divisional Officer, Aurangabad had not given any report with regard to any illegality in the appointment of the petitioner or non-participation of ward members in the selection process. The District Magistrate has not given any finding on illegality in the appointment but has only noticed the submissions on behalf of the respondent no. 8 to hold that for the aforesaid reasons the petitioner’s appointment was fit to be cancelled. He asserts that there had to be an independent finding of the District Magistrate. Counsel for the State raises a preliminary objection with regard to the remedy of appeal available to the petitioner before the Commissioner. Leave is sought to withdraw the application to avail remedies before the Commissioner in appeal. If such an appeal is filed within 30 days from today, let the Commissioner consider the same and after hearing all concerned including respondent no. 9, dispose off the same by a reasoned and speaking order within a maximum period of four 2 months from the date of receipt/production of a copy of this order. The application is dismissed as withdrawn with the aforesaid liberty. P. Kumar ( Navin Sinha, J.)