IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5208 of 2008 BIBHA KUMARI Versus THE STATE OF BIHAR & ORS ----------- 2. 06.08.2008 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 5.1.2008 passed by Respondent no. 2. It terminates her appointment as Anganbari Sevika. The ground of attack alleged is lack of opportunity of hearing. From a bare perusal of the order it is apparent that the complainant, the person at serial 1 of the panel at whose behest the proceedings were initiated, was noticed along with Mukhia and the Panchayat Secretary. The petitioner, on whom the axe was to fall in pursuance of such proceedings was not considered worth consideration. True it is that the complainant on whose behest the proceedings were initiated on her claim that she was at serial 1 of the panel but was ignored has not been made party in the writ application. The writ application could have been dismissed on this simple premise. However, for the reason noticed hereinafter the Court is not persuaded to do so simplicitor. On the face of the order, the same being in violation of the principles of natural justice, it is a nullity in law. Only a formal pronouncement is required. The Court does so. In order to ensure that interest of the complainant who is at serial 1 of the panel is not prejudiced in any manner, this Court directs that setting aside the impugned order shall not result in reinstatement - 2 - of the petitioner. The order has been set aside only to enable the District Magistrate to hear all concerned including the petitioner and the complainant, and thereafter pass fresh appropriate orders in accordance with law. Let the same be done within a maximum period of two months from the date of receipt and/or production of a copy of this order before the District Magistrate. The writ application stands disposed. AKS/ (Navin Sinha, J.)