IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8013 of 2010 1. ARCHANA KUMARI W/O SARVESH KUMAR R/O VILL+P.O.SENDUARI, P.S.HAJIPUR SADAR, DISTT- HAJIPUR Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA 2. THE DIRECTOR, PANCHAYATI RAJ, GOVERNMENT OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, VAISHALI AT HAJIPUR 4. THE DISTRICT PROGRAMME OFFICER HAJIPUR 5. THE BLOCK DEVELOPMENT OFFICER BLOCK HAJIPUR, DISTT-VAISHALI AT HAJIPUR 6. THE CHILD DEVELOPMENT PROJECT OFFICER HAJIPUR RURAL, DISTT-VAISHALI AT HAJIPUR 7. THE MUKHIA, GRAM PANCHAYAT RAJ SENDUARI, BLOCK HAJIPUR, DISTT-VAISHALI AT HAJIPUR 8. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ SENDUARI, BLOCK HAJIPUR, DISTT-VAISHALI AT HAJIPUR ----------- 3 08.04.2011 Petitioner is aggrieved by an order passed by the District Programme Officer dated 25.01.2010 in Misc. Case No.36/2009-10, as contained in Annexure-6, by which on the complaint of a candidate, namely Kiran Kumari, he has held enquiry and has cancelled the selection of the petitioner on the ground that her selection was bad. It is admitted at the bar that on the ground of irregularities and illegalities committed in the selection process, the District Progromme Officer does not have jurisdiction to cancel the selection. The power lies with the Collector 2 only and the District Progromme Officer can only submit a report in the matter, if called for by the Collector. In the circumstances, the order of the District Progromme Officer, as contained in Annexure-6, is quashed. Learned counsel for the intervener submits that, in fact, intervener had filed complaint before the Collector which was sent for enquiry to the District Progromme Officer. The District Progromme Officer held an enquiry, but instead of submitting report to the Collector he has passed order himself. In the circumstances, liberty is granted to the District Progromme Officer to send a report to the Collector in respect of enquiry held by him on the request made by the Collector. In case the District Progromme Officer chooses to refer the matter, it is appropriate for the Collector to issue notices to the parties, hear them and pass final orders, preferably within a period of three months from the date of such reference. Arvind/ ( J. N. Singh, J.)