IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10932 of 2009 NEETAM DEVI, W/o- Nityanand Singh, Village- Pale, P.O.- Pale, P.S.- Wajirganj, Distt- Gaya :---- Petitioner. Versus 1. THE STATE OF BIHAR 2. The Secretary, Department of Social Welfare, Govt. of Bihar, Patna. 3. The Director, I.C.D.S. Directorate, Govt. of Bihar, Patna. 4. The Commissioner, Magadh Pramandal, Gaya. 5. The District Magistrate, Gaya. 6. The Child Development Project Officer, Gaya Sadar, Gaya. 7. The Mukhiya, Gram Panchayat, Mahuaat, Block- Wajirganj, Distt- Gaya. 8. The Panchayat Secretary, Gram Panchayat Mahuaat, Block- Wajirganj, Distt- Gaya. 9. Sangeeta Kumari, W/o- Ganesh Pandey, Vill+P.O.- Pale, P.S.- Wajirganj, District- Gaya :--- Respondents. ----------- 2. 31.08.2009. Heard learned counsel for the petitioner and the State. 2. Petitioner was appointed as Anganwadi Sevika under order dated 25.06.2007, Annexure-2 and in terms of her appointment letter she joined the post and was discharging her duties to the satisfaction of all concerned. Later, her appointment was challenged by Private Respondent No. 9 before the District Magistrate who having heard the Private Respondent No. 9 and the petitioner passed order dated 20.06.2008, Annexure-1 directing for cancellation of the appointment of the petitioner and for appointment of Respondent No. 9. Against the order dated 20.06.2008, Annexure-1 petitioner approached the Divisional Commissioner in appeal who remanded back the matter before the District Magistrate under order bearing letter no. 3836 dated 24.09.2008, Annexure-8 on the ground that in terms of the instructions of the Principal Secretary of the Welfare Department contained in Letter No. 2723 dated 25.07.2008 the appellate power is vested in the District Magistrate himself. The - 2 - District Magistrate having exercised the original power and cancelling the appointment of the petitioner under order dated 20.06.2008, Annexure-1 could not have exercised the appellate powers. 3. In the circumstances, I set aside the order bearing Letter No. 3836 dated 24th September, 2008, Annexure-8 and direct the Commissioner, Magadh Division, Gaya to consider the appeal filed by the petitioner against the order dated 20.06.2008, Annexure-1 on merit and pass appropriate order in accordance with law. It goes without saying that this Court has not expressed any opinion on merits of the appeal as according to the petitioner the appointment of Private Respondent No. 9 on the post from which petitioner has been removed is in teeth of the provisions contained in Sub-Clause (M0) of Clause (3) of the instructions of the Government contained in Letter No. 2783 dated 3.10.2006 as she is the daughter-in-law of one of those who have been referred to in Sub-Clause (M0) of Clause (3) of the instructions dated 3.10.2006 and their family members have been excluded from consideration for appointment on the post of Anganwandi Sevika. Learned Divisional Commissioner shall pass the order on the appeal of the petitioner as early as possible in any case within a period of one month from the date of receipt/production of a copy of this order. 4. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J. )