IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5084 of 2010 1. NEELAM KUMARI DEVI W/O CHANDESHWAR RAI R/O VILL.- BASADHIYA, P.S.- DALSINGHSARAI, BLOCK & ANCHAL - DALSINGHSARAI, DISTT.- SAMASTIPUR Versus 1. THE STATE OF BIHAR 2. COMMISSIONER CUM SECRETARY SOCIAL WELFARE DEPARTMENT, GOVT. OF BIHAR, PATNA 3. DIRECTOR, I.C.D.S., GOVT. OF BIHAR, PATNA 4. COMMISSIONER, DARBHANGA DARBHANGA 5. DISTRICT MAGISTRATE SAMASTIPUR 6. DISTRICT WELFARE OFFICER CUM PROGRAMME OFFICER SAMASTIPUR 7. CHILD DEVELOPMENT PROJECT OFFICER DALSINGHSARAI, DISTT.- SAMASTIPUR 8. SUPERVISOR, CHILD DEVELOPMENT PROJECT PROGRAMME BLOCK DALSINGSARAI, DISTT.- SAMASTIPUR ----------- 02. 16.11.2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the order dated 25.7.2008 removing her from the post of Anganbari Sewika for alleged deficiency in discharge of duties affirmed in appeal by the Commissioner dated 2.7.2009. Learned counsel for the petitioner submits that from the appellate order, it is apparent that the petitioner had submitted a defence of illness. There is no finding that her defence was not to be believed and that she had not fallen sick and undergone medical treatment. The finding is on assumptions that it was an after thought. There can be no indictment on suspicion without a positive finding of 2 guilt. The finding of the Commissioner that under the instruction of the I.C.D.S. there was no requirement for compliance with the principles of natural justice is in direct teeth of the Division Bench order of this Court in 2004 (2) P.L.J.R. 833 (Smt. Sajjan Devi & Ors. Versus State of Bihar & Ors.). Learned counsel for the State therefore finds it difficult to support the impugned order. The order of termination dated 25.7.2008 and the appellate order dated 8.8.2009 in Case No. 14 of 2009-10 are set aside. The petitioner stands reinstated but without prejudice to the rights of the respondents. The application stands allowed. P.K. (Navin Sinha, J.)