IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6606 of 2010 DEVIYA DEVI Versus THE STATE OF BIHAR & ORS ----------- 2. 29.7.2010 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner submits that the petitioner was removed from the service of Anganwari Sewika on account of alleged ineligibility for appointment and not for reason of any deficiency in discharge of duties as Anganwari Sewika. Learned counsel for the petitioner submits that a Division Bench of this Court in a judgment reported in 2010(2) PLJR 374, has held that in cases of ineligibility for appointment, the District Magistrate and not the District Programme Officer is the appropriate authority. The powers of the latter are confined to cases of removal for deficiencies in discharge of duties only. The appeal before the Commissioner was therefore competent. Learned counsel for the State does not oppose the submission in view of the Division Bench judgment. The order dated 16.2.2010 is set aside 2 and the Commissioner is directed to hear and decide the appeal by a reasoned and speaking order after hearing all concerned within a maximum period of two months from the date of receipt/production of a copy of this order before him. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)