IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11553 of 2009 NAGMA FIROZA, Wife of Md. Khalid Hussain, resident of Village- Bharaili, P.S. Jalalgarh, District-Purnea..........................Petitioner. Versus 1. The State of Bihar, through the Collector, District-Purnea. 2. The District Programme Officer, District-Purnea. 3. The Child Development Project Officer ( C.D.P.O.), Block-Jalalgarh, District-Purnea. 4. Shabnam Khatoon, Mukhiya, Gram Panchayat-Dimia, Block- Jalalgarh, District- Purnea. 5. Mehwari Sultan, wife of Ashfaque Alam, resident of Village- Bharaili, Post- Gaira, P.S.Jalalgarh, District- Purnea.......................................................................Respondents. ----------- 02. 07.09.2009. Heard the learned counsel for the petitioner and the State. Petitioner was earlier appointed as ‘Angan Bari Sevika’ for Centre No.10 within Dimia Panchayat, Block- Jalalgarh in the district of Purnea. Her appointment was cancelled by the District Magistrate, Purnea under order bearing Memo No. 358 dated 28.05.2008 against which petitioner moved the Divisional Commissioner who has refused to entertain the appeal filed against order dated 28.05.2008, Annexure- 9 on the ground that in terms of the instructions of the Social Welfare Department contained in letter no. 2723 dated 25.7.2008 the Commissioner of the Division does not have any appellate powers. The original order cancelling the appointment of the petitioner has been passed by the District Magistrate. Appeal against such order can only be heard by the Divisional Commissioner. In the circumstances, I set-aside the order of the Divisional Commissioner contained in Memo No 5149 dated 20.10.2008, Annexure-10 and direct the Divisional Commissioner, Purnea, to proceed with the appeal filed against the order dated 28.05.2008 and - 2 - consider the same on merit as early as possible in any case within two months from the date of receipt of a copy of this order. Any appointment made in the meanwhile on the post from which the petitioner has moved shall subject to the result of appeal filed by the petitioner. The application is, accordingly, disposed of. U.K. (V.N.Sinha,J)