IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.7627 of 2009 Kalpana Devi Versus The State Of Bihar & Ors 3/ 04/08/2011 Heard learned counsel for the petitioner and the State as also for the respondent No.9. The petitioner and respondent No.9 were applicants for Angan Bari Sevika. Aggrieved by the selection of the respondent in preference to her the petitioner questioned it before the District Magistrate who by his order dated 24.7.2007 upset the selection of respondent No.9 after hearing the parties. Respondent No.9 preferred an appeal before the Commissioner who without notice to the petitioner set aside the order of the District Magistrate. The Court has heard counsel for the parties. It is apparent that the appellate authority did not notice the petitioner or hear her. To that extent the appellate order is not sustainable. It is required to be set aside and the matter remanded to the appellate order. But, counsel for respondent No.9 has invited the attention of the Court to the recitals in the appellate authority of the error in the decision making process by the District Magistrate, more particularly at pages-10 and 11 of the order. The Court is satisfied that to set aside the appellate order on grounds of violation of principles of 2 natural justice may resurrect an order of the District Magistrate not in accordance with law. Since the contesting parties are duly represented, the Court considers it proper to set aside the order of the District Magistrate dated 14.8.2007 as also of the appellate authority dated 9.3.2009. The matter is remanded to the District Magistrate to hear the parties afresh and by fresh application of mind, pass a fresh reasoned and speaking order within a maximum period of two months from the date of receipt/production of a copy of this order. Learned counsel for the respondent No.9 has offered that if her appointment is ultimately found to be bad she is willing and ready to refund the amount received as salary that may have been paid to her for work done in pursuance of the order of the appellate authority till the date that the fresh order may be passed. There is no need for the Court to pass any interim orders in light of that submission. The authorities shall therefore act accordingly based on the fresh decision that may follow. The writ application is disposed. KC ( Navin Sinha, J.)