IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15623 of 2010 1. MD.MERAJ ANSARI S/O MD. AMIR HASAN ANSARI R/O VILL RAMGARH ROAD MOHANIA, P.S.MOHANIA, DISTT-KAIMUR(BHABUA) Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY-CUM- COMMISSIONER, HUMAN RESOURCES DEVELOPMENT DEPARTMENT BIHAR, PATNA 2. DISTRICT TEACHERS EMPLOYMENT APPELLATE TRIBUNAL KAIMUR THROUGH ITS MEMBER (BHABUA) 3. DISTRICT MAGISTRATE KAIMUR(BHABUA) 4. DISTRICT SUPERINTENDENT OF EDUCATION BHABUA, KAIMUR(BHABUA) 5. BLOCK EDUCATION EXTENSION OFFICER DURGAWATI, KAIMUR (BHABUA) 6. BLOCK DEVELOPMENT OFFICER DURGAWATI , KAIMUR (BHABUA) 7. RAMASHRAY RAI S/O NOT KNOWN MUKHIYA GRAM PANCHAYAT DHARHAR (DURGAWATI), P.S.DURGAWATI, DISTT-KAIMUR(BHABUA) 8. PANCHAYAT SECRETARY, GRAM PANCHAYAT DHARHAR (DURGAWATI), P.S.DURGAWATI, DISTT-KAIMUR(BHABUA) 9. MD. IMTIYAZ S/O JAMALUDDIN ANSARI R/O VILL GANGAWALIA, P.S.KUDRA, DISTT-KAIMUR (BHABUA) ----------- 2. 29.04.2011 Heard learned counsel for the petitioner and learned counsel for the State. First and primary submission made at the bar is the assertion made in paragraphs 16 & 17 of the writ application. It states that the petitioner was not even made a party in the proceeding before the Appellate Authority and that the petitioner was neither notice nor heard and the order having consequences came to be passed against him behind his back. If it is a fact then the order as contained in Annexure 1 vide order dated 10.08.2008 passed in 2 connection with Appeal No.249/2010 is no order in the eye of law. The order therefore is quashed and the matter is remitted back to the Appellate Authority that he will implead the petitioner as a party respondent, issue notice to him and not only hear him but hear all the concerned respondents including the Panchayat Secretary and the Mukhiya concerned and such other persons who are likely to be affected by such a decision and pass a fresh order. The writ application stands allowed. Nitesh (Ajay Kumar Tripathi,J.)