IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6405 of 2009 SMT.JYOTI SAXENA Versus THE STATE OF BIHAR & ORS ----------- 2 20/5/2009 Heard counsel for the petitioner and counsel for the State. Grievance of the petitioner in this writ application is against the order of removal her from the post of Angan Bari Sevika. It is the case of the petitioner that she has already moved the Collector by filing a representation against the order dated 20.2.2009 which is still pending before him. Counsel for the State, on the other hand, would submit that such order for the petitioner having been passed in the light of certain discrepancies in the functioning the case of petitioner would not require a detailed consideration because an enquiry in presence of the petitioner was already and therefore this Court should straight way dismiss this writ application. Counsel for the petitioner at this stage would submit that normally the order of punishment on the ground of misconduct cannot be passed in such a perfunctory manner and that too by an authority i.e. District Programme Officer who is not authorized by the State Government to pass an order for removal from the post of Anganbari Sevika. In the opinion of this Court whether such decisions of removal of the petitioner is proper, correct or otherwise in terms of the policy decision of the State Government has to be examined 2 and decided by the Collector who is competent to pass order for removal of any person from the post of Angan Bari Sevika. Accordingly, this Court would direct the Collector of the district to consider the pending representation of the petitioner as contained in Annexure-5 within a period of two months from the date of receipt/production of a copy of this order. It is, however, made clear that if within this period of two months any appointment on the post of Anganbari Sevika earlier held by the petitioner is made the same shall be subject to the result of the representation pending before the Collector of the District. With the aforementioned observations/directions this application is disposed of. Abhay Kumar (Mihir Kumar Jha, J.)