IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13915 of 2009 1. MINA KUMARI @ MINA DEVI W/O DINESH KUMAR RAI VILL.- BAJITPUR CHAKBA, P.S.- DESARI (O.P. SAHADAI), DISTT.- VAISHALI Versus 1. THE STATE OF BIHAR, THROUGH COMMISSIONER - CUM – SECRETARY WELFARE DEPARTMENT, BIHAR, PATNA 2. THE COMMISSIONER TIRHUT DIVISION, MUZAFFARPUR 3. THE DISTRICT MAGISTRATE - CUM - COLLECTOR VAISHALI AT HAJIPUR 4. THE DIRECTOR CHILD DEVELOPMENT PROJECT BIHAR, PATNA 5. THE DISTRICT WELFARE OFFICER DISTT.- VAISHALI 6. THE SUB-DIVISIONAL OFFICER MAHNAR SUB-DIVISION, DISTT.- VAISHALI 7. THE BLOCK DEVELOPMENT OFFICER BLOCK SAHADAI BUZURG, VAISHALI 8. THE CIRCLE OFFICER BLOCK SAHADAI BUZURG, VAISHALI 9. THE CHILD DEVELOPMENT PROJECT OFFICER BLOCK SAHADAI BUZURG, VAISHALI 10. THE MUKHIA GRAM PANCHAYAT RAJ BAJITPUR CHAKASTURI, BLOCK SAHADAI BUZURG, VAISHALI 11. THE PANCHAYAT SECRETARY GRAM PANCHAYAT RAJ BAJITPUR CHAKASTURI, BLOCK SAHADAI BUZURG, VAISHALI 12. RENU KUMARI W/O UMESH CHANDRA RAI VILL.- BAJITPUR CHAKBA, P.S.- DESARI (O.P. SAHADAI), DISTT.- VAISHALI 13. THE PUBLIC INFORMATION OFFICER - CUM - SECRETARY TO COMMISSIONER TIRHUT DIVISION, MUZAFFARPUR ----------- 2. 4.11.2009 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 7.12.2007 of the District Magistrate ex-parte cancelling her appointment as Anganbari Sewika and the order of the Commissioner dated 28.2.2008 declining to interfere with the order. From a bare perusal of the proceedings before the District Magistrate, it is more than apparent that notices were issued to the complainant, Renu Kumari, the Mukhia and the 2 Panchayat Secretary who alone were heard. The order prima facie appears to be in violation of the principles of natural justice. Therefore, the order of the Commissioner being non- speaking in nature simply upholding the order of the District Magistrate is clearly not sustainable. The order of the Commissioner dated 28.2.2008 is set aside. The matter is remanded to the Court of the Commissioner to decide the matter afresh by a reasoned and speaking order. Till such time that the appeal of the petitioner is not disposed by the Commissioner, this Court directs that no appointment shall be made on the post from which the petitioner has been terminated. This shall not prevent the respondents from making any other working arrangement on that post till appropriate decision of the claim of the petitioner only, so that the Government works otherwise not hampered. It is made clear that the Commissioner shall be required to hear all concerned on all issues of law and facts that may be raised before him. The writ application stands disposed with the aforesaid directions. P. Kumar (Navin Sinha, J.)