IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6720 of 2009 Bibha Kumari Versus The State Of Bihar & Ors ----------- 3/ 28/07/2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner was terminated from service as Angan Bari Sevika on 30.4.2008 by the Director, I.C.D.S., on allegations of dereliction in discharge of duties. She preferred an appeal before the Commissioner. It is her contention that a report was called from the District Programme Officer who denied the allegation against her. She specifically raised the objection in appeal that the order of termination was in violation of the Principles of Natural Justice. She furnished a defence that she was regular in distribution of food-grains, but on account of illness of her son she was temporarily absent during inspection. The order of the appellate authority does not consider and/or deal with her contention that the termination was in violation of Principles of Natural Justice nor does it deal with her defence on merits and rejects the same on irrelevant considerations. The law in this regard stands explained in 2004(2) P.L.J.R. 833 (D.B.) ( Smt. Sajjan Devi & Ors. vs. 2 State of Bihar & Ors.) The original order of termination dated 30.4.2008 and the appellate order dated 9.9.2009 are accordingly set aside, but without prejudice to the rights of the respondents in accordance with law. The petitioner stands reinstated. The writ application is allowed. KC ( Navin Sinha, J.)