IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4675 of 2010 1. HEMA DEVI W/O PURANDHAR JHA R/O VILL.- CHAKFATEHA, PANCHAYAT BARAHI JAGDISH, WARD NO.2, P.S. AND ANCHAL PURNAHIA, DISTT.- SHIVHAR Versus 1. THE STATE OF BIHAR 2. THE SECRETARY WELFARE DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE COMMISSIONER TIRHUT DIVISION, MUZAFFARPUR 4. THE DISTRICT MAGISTRATE AND COLLECTOR SHIVHAR 5. THE CHILD DEVELOPMENT PROJECT OFFICER UNDER THE AGANBARI YOJNA SHIVHAR, P.S. AND DISTT.- SHIVHAR 6. THE BLOCK DEVELOPMENT OFFICER PURNAHIA, P.S.- PURNAHIA, DISTT.- SHIVHAR 7. THE MUKHIA, GRAMPANCHAYAT BARAHI JAGDISH P.S.- PURNAHIA, DISTT.- SHIVHAR 8. PANCHAYAT SACHIV GRAM PANCHAYAT BARAHI JAGDISH, P.S.- PURNAHIA, DISTT.- SHIVHAR 9. LEELA DEVI W/O ASHOK KUMAR JHA R/O VILL.- CHAKFATEHA, P.S. PURNAHIA, DISTT.- SHIVHAR ----------- 2/ 02/11/2010 Heard learned counsel for the petitioner and learned counsel for the State. It is submitted that the order of the Commissioner, Tirhut Division in Service Appeal No.86/09 preferred by respondent No.9 is an ex parte order in violation of principles of natural justice. The first paragraph of the order of the Commissioner dated 23.11.2009 states that notices were issued to the petitioner and the service report had also been received notwithstanding which the petitioner did not appear. There is no pleading in the writ application that the order suffers from any error of record insofar as - 2 - the issue of service notice is concerned. The law stands well settled that if there is an error in the order-sheet, the remedy of the aggrieved lies before the same authority who has passed the order, first. This application is disposed with the observation that should the petitioner file any application before the Commissioner that in fact no notice of the appeal had been served upon her, the Commissioner shall appropriately examine matters and if he is satisfied shall proceed to re-determine matters in accordance with law when obviously his earlier order dated 23.11.2009 shall be no impediment. The writ application stands disposed. KC ( Navin Sinha, J.)