IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11284 of 2010 1. KIRAN KUMARI W/O SRI PAWAN KUMAR GUPTA R/O VILL.- FULILDUMAR, P.S.- FULIDUMAR, DISTT.- BANKA Versus 1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY SOCIAL WELFARE DEPARTMENT, BIHAR, PATNA 2. THE DISTRICT MAGISTRATE, BANKA 3. THE DISTRICT PROGRAMME OFFICER, BANKA 4. THE DISTRICT WELFARE OFFICER, BANKA 5. THE SUB-DIVISIONAL OFFICER, BANKA 6. THE BLOCK DEVELOPMENT OFFICER, FULIDUMAR, BANKA 7. THE CHILD DEVELOPMENT PROJECT OFFICER, FULIDUMAR, BANKA 8. SANJU DEVI W/O SRI PANKAJ SAH @ PANKAJ KUMAR SAH R/O VILL.- FULIDUMAR, P.S.- FULIDUMAR, DISTT.- BANKA 9. MUKHIYA, GRAM PANCHAYAT, FULIDUMAR, BANKA ----------- 2- 20.09.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner questions the order of termination dated 25.5.2010 passed by the District Programme Officer, Banka unseating the petitioner from her post of Anganwari Sevika on the ground that she was not a resident of the captive area. Reliance is placed on a Division Bench judgment of this Court in 2010 (2) PLJR 374 (Prabha Kumari Devi Vs. State of Bihar & ors.), that the District Magistrate alone was competent to decide the issues of illegality of appointment under the regulations and the order by the District Programme Officer is therefore without jurisdiction. Learned Counsel for the State submits that the matter may be referred to the District Magistrate. The order dated 25.5.2010 is set aside. This shall however not result in reinstatement of the petitioner. The District Magistrate is directed to decide the issue of illegality of appointment of the petitioner after due opportunity to her including furnishing materials on which the authorities propose to rely upon to unseat the petitioner and pass a reasoned and speaking order within a maximum period of four months from the date of receipt and/or presentation of a copy of this order. Nothing precludes the authorities from making any interim arrangement on the post till disposal of the matter, if not already made. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)