IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17063 of 2011 1. Vidya Suman W/O Lal Babu Prasad R/O Village Gadaichak , P.S.-Minapur , District- Muzaffapur Versus 1. The State Of Bihar Through The Secretary , Department Of Welfare , Govt. Of Bihar , Patna 2. The Commissioner , Tirhut Division , Muzaffarpur 3. The District Magistrate , Muzaffarpur 4. The District Programme Officer , Muzaffarpur 5. The Child Development Project Officer , Muzaffarpur 6. The Mukhiya Gram Panchyat Raj , Manikpur 7. The Panchyat Secretary , Gram Panchyat Raj , Manikpur 8. Kumari Gita Sinha W/O Shiv Shankar Prasad R/O Vill.- Gadaichak , P.S.-Minapur , Dist. - Muzaffarpur ---------------------------------- 3. 05.12.2011 Heard learned Counsel for the petitioner, the State and for Respondent no. 8. The preliminary submission on behalf of the petitioner is that the appellate order of the Commissioner in Service Appeal No. 192 of 2009 dated 27.6.2011 was exparte in nature. Even though it affects her no notice was issued much less an opportunity to defend the order of the District Magistrate dated 9.9.2009 returning a finding in her favour. Counsel for the respondents from the order sheet of the proceeding before the Commissioner are not able to satisfy the Court that notice was issued to the petitioner much less served and that she was provided an opportunity to defend which she did not avail. The Court does not consider it necessary to go into merits of the order of the Commissioner at this stage as the order is not sustainable on the preliminary ground alone. It is a basic principle of facet of natural justice that no order prejudicial to a person can be passed behind his/her back. 2 The order dated 27.6.2011 is set aside. The matter is remanded to the Commissioner, Tirhut Division at Muzaffarpur to hear the petitioner, Respondent no. 8 and others concerned afresh and pass a reasoned and speaking order in accordance with law considering the submissions of both sides and conclusions by analytic reasoning of the respective stand. It is considered proper to further order that till disposal of the matter afresh by the Commissioner neither the petitioner nor Respondent no. 8 shall function as Anganwari Sevika at Centre No. 220 of Gram Panchayat Raj Manikur in the district of Muzaffarpur. Liberty is granted to the respondent authorities to make working arrangement only in the meantime so that the petitioner or Respondent no. 8, as the case may be, after the order of the Commissioner may be able to avail the benefits in accordance with law. Let the Commissioner now decide the matter within a maximum period of three months from the date of receipt and/or presentation of a copy of this order before him. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)