IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2659 of 2010 1. POONAM KUMARI W/O ONKAR NATH PANDEY R/O VILLAGE & P.O.- NADAUA, P.S. MATWAR, DISTT.- ROHTAS Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE-CUM-COLLECTOR ROHTAS AT SASARAM 3. THE C.D.P.O. DINARA AT & P.O. DINARA, DISTT.- ROHTAS 4. SUNITA DEVI W/O SANTOSH KUMAR AT & P.O. NADAUA, P.S. MATWAR, DISTT.- ROHTAS ----------- 2/ 24/08/2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the orders dated 3.11.2009 and the consequential order dated 27.11.2009 terminating her from the post of Angan Bari Sevika. It is submitted that certain others were terminated from the post in question and the petitioner was appointed on one of such posts. Those terminated came to this Court in C.W.J.C. No.7974/09. This Court disposed the matter with directions to the District Magistrate to consider issues in accordance with law on their representation when they came to be reinstated under Misc. Case No.4/09 filed by such persons. The petitioner is stated not to have been a party respondent in the said miscellaneous case. The miscellaneous case came to be allowed by the District Magistrate on 3.11.2009 reinstating such persons and terminating the petitioner to accommodate them. The petitioner claims to have been appointed - 2 - on 5.1.2009. It does not appear from the order dated 3.11.2009 that the petitioner was heard even though the District Magistrate adequately notices that the petitioner had been appointed. Without interfering with the termination of the petitioner the matter is remanded to the District Magistrate. He is required to examine if a show cause notice was given and served upon the petitioner prior to her termination. At this stage This Court is not concerned with the grounds of the termination and whether the petitioner has a defence or not. This Court is concerned with the decision making procedure. An order adverse to a person having civil consequences mandates compliance with the principles of natural justice which is not a recent enunciation of law but is well settled law. The District Magistrate is obliged to forthwith reinstate the petitioner if he is satisfied that no show cause notice was served upon her before termination. Thereafter the District Magistrate, if so advised, may proceed afresh in accordance with law. If the District Magistrate is satisfied that a show cause notice was issued and served upon the petitioner, he is required to pass a reasoned and speaking order discussing all materials, documentary and otherwise, in support of the same in which event the - 3 - writ petition shall stand dismissed. Let the District Magistrate comply with this order within a maximum period of one month from the date of receipt/presentation of a copy of this order insofar as the issue of compliance with the principles of natural justice is concerned. The application is disposed. KC ( Navin Sinha, J.)