IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9621 of 2008 Kumari Sharda Sinha, W/o Narendra Kumar, resident of village Regina, P.S. Wazirganj, District Gaya……………………………………….……….Petitioner Versus 1. The State Of Bihar 2. The Secretary-cum-Commissioner, Department of Primary Education, Bihar, Patna. 3. The Commissioner, Magadh Range, Gaya. 4. The District Magistrate, Gaya. 5. The District Superintendent of Education, Gaya. 6. The Block Development Officer, Wazirganj, Gaya. 7. The Block Education Extension Officer, Wazirganj, Gaya. 8. The Mukhiya Kurkihar Gram Panchayat, Wazirganj, Gaya………………………………Respondents. ----------- 2 11.02.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. From the order sheet of the court of the Commissioner of Case No.62/2007 as contained in Annexure-1, it appears that the petitioner had filed her revision and had appeared on different dates but on the ground of engagement of the Commissioner, the same could not be taken up on many dates. On 19.12.2007, the matter was heard by the Commissioner, records were called for and the case was fixed for 02.01.2008. However, on 02.01.2008 just recording that the 2 petitioner was absent, the revision was dismissed. This appears to be improper approach by the Commissioner in the matter. When the petitioner had appeared in the revision on many dates but on account of engagement of the Commissioner, the matter could not be heard and on the previous dates, the matter was heard and records were called for, the case could not be dismissed on the very next date only on the ground of absence of petitioner. In all propriety, the Commissioner should have first got verified as to whether the records had been received or not and at least would have given one more opportunity to the petitioner to appear. In the circumstances, the order dated 02.01.2008 passed by the Commissioner, Magadh Division, Gaya in Case No. 62/2007 is set aside. The Commissioner is directed to treat the revision as pending. Upon production of a copy of this order by the petitioner, the Commissioner shall fix a firm date for 3 hearing of the matter and if the records have been received, he will hear the matter on the next date and thereafter decide the same on merits in accordance with law by a reasoned order. It will be advisable that the matter is decided by the Commissioner within the time frame fixed by the guidelines itself for decision of such matters. The petitioner will be at liberty to file further pleadings along with the copy of this order. This writ application is allowed to the extent, as indicated above. BT (J. N. Singh, J.)