IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9352 of 2008 MEENA DEVI, WIFE OF SURENDRA RAI, RESIDENT OF VILLAGE + P.O. MOHANPUR, P.S. PATORI, DISTRICT SAMASTIPUR. ---- PETITIONER Versus 1. THE STATE OF BIHAR, THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 2. THE D.M., SAMASTIPUR. 3. THE B.D.O., MOHANPUR, SAMASTIPUR. 4. THE C.D.P.O., MOHANPUR, DISTRICT SAMASTIPUR. 5. THE MUKHIYA, GRAM PANCHAYAT RAJ, MOHANPUR, SAMASTIPUR. ----- RESPONDENTS ----------- 2 17.5.2011 The petitioner is aggrieved by order dated 17.9.2007 by which her engagement as an Anganwari Sevika at Centre No. 27, in village Mohanpur within the district of Samastipur has been terminated on the ground that her name finds place in the voter list in two different districts. Learned counsel for the petitioner submits that Sevika Ranju Devi who has been appointed does not belong to the Tola or even for that matter the Panchayat. In order to substantiate her submissions, counsel for the petitioner has produced the certificate of Mukhiya of Mohanpur and Mukhiya of Madhopur Sarari Panchayat contained in Annexure-6 and 6/1 to the reply to the counter affidavit. In the opinion of this Court the petitioner ought to have produced all these documents before the District Magistrate in order to substantiate her case. There is no use for producing these documents before this Court in absence of the opposite party. This Court does not understand how the Mukhiya who was very much aware and part of the selection process has not given 2 his comments or why he was not issued notice in the matter, as he could best explain as to whether the petitioner and Ranju Devi are living with the Gram Panchayat and within the mapping area of the centre. All these facts can be agitated by the petitioner by filing an appeal. This Court directs that the petitioner should file an appeal with limitation petition along with a copy of this order before the Commissioner. The Commissioner will consider the limitation petition sympathetically, considering that the petitioner was ventilating her grievances before this Court. The Commissioner will call for the records, hear the petitioner and the opposite party Ranju Devi as well as the C.D.P.O. and Mukhiya in this case before passing appropriate orders within a period of four months from the date of filing of the appeal. This writ application is disposed of with the aforesaid observations and directions. Sanjay ( Sheema Ali Khan, J.)