IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5784 of 2009 SMT.BANDANA RANI Versus THE STATE OF BIHAR & ORS ----------- 2 11.5.2009 Heard counsel for the petitioner and counsel for the State. Everything said and done if the Commissioner of the Darbhanga Division was to set aside an order passed by the Collector in favour of the petitioner, he had to definitely follow the principles of natural justice, inasmuch as, the order in question passed by the Collector on 6.3.2008 had clothed the petitioner with certain benefits of approval and appointment on the post of Angan Bari Sevika. From the reading of Annexure-4, the impugned order passed by the Commissioner of Darbhanga Division, it is manifest that he had passed such an order only on hearing the respondent no.6 and the presenting officer. As the impugned order seeks to cancel the appointment of the petitioner, her termination from service on its basis cannot be upheld and as such, the impugned order dated 24.10.2008 (Annexure-4) is hereby quashed and the appeal 2 is remitted back to the Commissioner who will now rehear the respondent no.6, the petitioner and/or other concerned persons and pass a fresh order within a period of four months from the date of receipt/production of a copy of this order. In order to expedite the matter, the petitioner is directed to appear before the Commissioner on 25th of May, 2009 on which day the Commissioner, Darbhanga Division shall fix the next date of hearing after giving notice to the respondent no.6 and the final order as indicated above will be passed within a period of four months from the date of receipt/production of a copy of this order. Till the disposal of the appeal, neither the petitioner nor the respondent no.6 will work on the post of Anganbari Sevika. With the aforesaid observations and directions this writ application is finally disposed of. Rsh (Mihir Kumar Jha, J.)