IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11452 of 2010 1. Smt. Ranjana Bharti W/O Sri Bhupendra Sah R/O Vill.- Dulari, P.S.- Pipra, Distt.- Supaul Versus 1. The State Of Bihar 2. The Principal Secretary, Department Of Welfare, Govt. Of Bihar, Patna 3. The Commissioner, Koshi Division, Saharsa 4. The District Magistrate, Supaul, Distt.- Supaul 5. The Director, Icds Directorate, Department Of Welfare, Govt. Of Bihar, Patna 6. The District Programme Officer, Supaul, Distt.- Supaul 7. The Child Development Project Officer, Pipra, Distt.- Supaul 8. Lalita Kumari W/O Lalit Narayan Sah R/O Vill.- Dulari, P.S.- Pipra, Distt.- Supaul ---------------------------------- 2. 18.11.2011 Heard learned Counsel for the petitioner and the State. The petitioner questions the appointment of Respondent no. 8 as Anganwari Sevika. An enquiry report was called for from the SDO on the allegations. After submission of the report the District Magistrate terminated the appointment of Respondent no. 8 on 12.2.2008 holding that she was not a resident of the beneficiary area. Respondent no. 8 carried the same in appeal which has been allowed on 8.3.2010. Counsel for the petitioner contended that the appellate order does not appropriately consider the findings of the District Magistrate. Counsel for the Respondent no. 8 submitted that the order of the District Magistrate itself was not sustainable in view of report of the SDO. The Anganwari Sevikas are agents of the Government. They are not government servants. Prima facie which is the agent better situated for dissemination of welfare scheme of the government is for the Principal/Government to decide. It has been held in more than one judgment that only basic principle of natural justice will apply before such an agent is sought to be affected by an order. That appears to have been complied with at both stages. On consideration of the order of the District Magistrate and the appellate authority the Court finds that both do not appear to be in consonance with law. The social objectives of the guidelines of appointment do not appear to have come up for consideration apart from the actual discussion contained in the original order. The orders of the District Magistrate dated 12.2.2008 and the Commissioner dated 8.3.2010 are accordingly set aside. Since the matter is being remanded the Court does not consider it proper to express any opinion and/or observation in the present order with regard to the two impugned order so as to enable the authorities to appropriately apply their mind afresh to the issue. The matter is remanded to the District Magistrate Supaul. The parties shall appear before the District Magistrate on 30.11.2011 who shall proceed to fix a date for their appearance and hearing and then decide the matter preferably within a maximum period of two months thereafter. Status quo be maintained only till 31.1.2012. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)