IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6349 of 2010 1. Smt.Kiran Kumari W/O Shiv Kumar R/O Vill Bikrampur (Khijirpur), P.O.Gardochak, P.S.Fatwah, Distt-Patna Versus 1. The State Of Bihar Through Chief Secretary 2. The Collector Patna 3. The District Programme Officer Patna 4. The Sub-Divisional Officer Patna City 5. The Chief Development Project Officer Fatwah, Patna 6. The Mukhiya (Chairman) Maujeepur Gram Panchayat , Fatuah, Patna 7. The Secretary Maujeepur Gram Panchayat , Fatwah, Patna 8. Neetu Kumari W/O Ranjan Kumar Alok R/O Vill Bikrampur(Khijirpur), P.O.Gardochak, P.S.Fatwah, Distt-Patna ---------------------------------- 3. 13.09.2011 Heard learned Counsel for the petitioner, the State and for private Respondent no. 8. The petitioner, stated to be an Anganwari Sevika, is aggrieved by the order of the District Programme Officer dated 5.3.2010 unseating her from the post on account of alleged irregularities in appointment. Learned Counsel for the petitioner relied upon a Division Bench order of this Court reported in 2010 (2) PLJR 374 dated 16.2.2010 holding that power to remove an Anganwari Sevika on the issue of any illegality/irregularity in the appointment vested exclusively in the District Magistrate under the guidelines and that the District Programme Officer only had the power to examine the issue with regard to dereliction in discharge of duties of an Anganwari Sevika as a ground for removal. Learned Counsel for the State submits that the order of the District Programme Officer dated 5.3.2010 may be set aside and the matter remanded to the District Magistrate to pass a fresh, reasoned and speaking order after due opportunity to the petitioner, respondent no. 8 and others concerned. The order dated 5.3.2010 is set aside and the matter is remanded to the District Magistrate to hear the parties and pass a fresh appropriate, reasoned and speaking order within a period of two months from the date of receipt and/or presentation of a copy of this order when the order of the District Programme Officer cannot be looked into. Status quo between the parties be maintained till such fresh decision. The writ application stands allowed. Snkumar/- (Navin Sinha,J.)