IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17314 of 2009 1. DHARMAWATI DEVI W/O ANIL KUMAR R/O VILL.- PIPIRI, P.S.- SHIV SAGAR, DISTT.- ROHTAS Versus 1. THE STATE OF BIHAR 2. DIRECTOR, I.C.D.S. PATNA, BIHAR 3. DISTRICT MAGISTRATE, ROHTAS AT SASARAM 4. D.D.C. ROHTAS AT SASARAM 5. THE DISTRICT PROGRAMME OFFICER, ROHTAS AT SASARAM 6. C.D.P.O. SHIVSAGAR, ROHTAS AT SASARAM ----------- 2. 9.2.2010 Heard learned counsel for the petitioner and the State. Once after inquiry the absence of the petitioner during inspection has been condoned to be for a valid reason by the authorities themselves, the question of terminating her service for absence during inspection is a contradiction in itself. The order of termination dated 9.2.2008 and the order dated 24.9.2009 to the extent that it directs fresh selection is, accordingly, set aside. The matter is remanded to the District Programme Officer to pass a fresh, reasoned and speaking order in accordance with law as per the findings contained in the impugned order dated 24.9.2009 on her absence being found cogent and convincing and which has been condoned by the authority. In the entirety of the facts and circumstances of the case, this Court is not persuaded to dismiss the 2 writ application on the contest that there is no challenge to the order dated 9.2.2008. The duty of this Court is to do justice in the entire facts and circumstances of the case, if it is otherwise satisfied rather than to dismiss application on mere technicalities. Let this order be compiled within a maximum period of four weeks from the date of receipt/production of a copy of this order before the District Programme Officer. P. Kumar (Navin Sinha, J.)