IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5264 of 2010 1. SUSHMA KUMARI W/O ARBIND KUMAR SINGH R/O VILL.- BADHARKHA, P.O.- MAKWA, P.S.- ASARGANJ, BLOCK ASARGANJ, DISTT.- MUNGER Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, MUNGER 3. THE COMMISSIONER, MUNGER DIVISION, MUNGER 4. THE CHILD DEVELOPMENT PROJECT OFFICER (C.D.P.O.) ASARGANJ 5. NISHA RANI MISHRA W/O PARMANAND SINGH R/O VILL.- MIRZAPUR, P.O.- MAKWA, P.S.- ASARGANJ, DISTT.- MUNGER ----------- 2/ 18/11/2010 Heard learned counsel for the petitioners and learned counsel for the State. The petitioner is aggrieved by the order dated 17.10.2008 by which the Commissioner on appeal by respondent No.5 has remanded the matter back to the District Magistrate for fresh hearing. Respondent No.5 was appointed as an Angan Bari Sevika at Centre No.30, but transferred to Centre No.32, Village- Badarkha, Block- Asarganj, District Munger. She was terminated which was questioned by her in C.W.J.C. No.8065/08, disposed on 7.8.2008. It is the case of the petitioner that prior thereto there was a fresh advertisement on 5.7.2008 in pursuance of which she came to be appointed. The petitioner was not made a party before the Commissioner and neither was she heard before the District Magistrate in the miscellaneous case at the earlier stage. On the own showing of the petitioner it - 2 - appears that the appointment of the private respondent No.5 was terminated. Consequent to her termination the petitioner came to be inducted when the termination of respondent No.5 is under scrutiny in quasi judicial proceedings. The petitioner shall be well advised to intervene in the pending proceedings before the District Magistrate upon remand by the Commissioner to demonstrate the justification for the termination of respondent No.5 and the consequent upholding of her appointment. It is expected that if she files such an application, the District Magistrate shall grant her due opportunity of hearing also along with respondent No.5 and then dispose off the matter by a reasoned and speaking order in accordance with law. The writ application stands disposed. KC ( Navin Sinha, J.)