IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1188 of 2011 Sunita Devi @ Sunita Kumari Ranjeet Kumar Yadav.R.O.V Charokhari, Block-Charokhari, P.S. Patehpur, Dist-Gaya. Versus 1. The State Of Bihar, through Principal Secretary, Welfare Department, Govt. of Bihar, Patna. 2. The Director, I.C.D.S. Patna. 3. The Commissioner, Magadh Division, Gaya. 4. The District Magistrate, Gaya.’ 5. The District Programme Officer, Gaya. 6. The Circle Development Programme Officer, Fatehpur Gaya. 7. Smt. Shakuntala Devi W/o Madan Yadav, R.O.V Charokhari, Block Charokhari, P.S. Fatehpur, Dist-Gaya. ----------- 2 06.05.2011 Learned counsel for the petitioner submits that before the impugned order was passed by the Collector, no notice whatsoever was served on the petitioner and the order is in violation of Principles of Natural Justice. From impugned order Annexure-5 also it does not appear at all that before cancelling the engagement of the petitioner as Anganbari Sevika any notice was issued to her giving her an opportunity to be heard. However, since counter affidavit has not been filed by the respondent in this case and notice has not been issued to respondent No. 7, this Court, instead of setting aside the impugned order, directs the petitioner to file an application before the Collector for fresh hearing in the matter taking specific ground that before passing of the earlier order she was not given any opportunity to be heard. If the Collector finds from the records that the said claim of the petitioner is correct, he shall issue notice to the parties and shall re-hear the matter on merits and thereafter, shall pass a fresh order without being prejudiced by his earlier 2 order. In case he finds that notices had been issued to the petitioner and she was given opportunity to be heard before the previous order was passed, he shall reject the application of the petitioner and advise her to file an appeal before the Divisional Commissioner against the order. In case he chooses to hear the matter on merits afresh, the hearing must be completed by him within three months from the date of filing of the application by the petitioner before him with a copy of this order. Writ application is disposed of with the aforesaid observations and directions. Prakash ( J.N.Singh, J.)