IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11519 of 2009 GAYATRI SINGH & ORS Versus THE STATE OF BIHAR & ORS with CWJC No.11858 of 2009 PANKAJ KUMAR Versus THE STATE OF BIHAR & ORS ----------- For the petitioners: Mr. T.P. Singh, Sr. Advocate Mr. Umesh Kumar Mishra For the State_ S.C. 20 & S.C. 8 2. 03.11.2009 Heard the counsel for the petitioners and the counsel appearing for the state. Petitioners were appointed as Panchayat teachers in Gram Panchayat Raj, Dandaspur in the year, 2006. Appointment of petitioners were challenged by some applicants on the ground that illegally ignoring the eligibility of applicants having higher marks, petitioner were appointed. Some inquiry was conducted by the Block Development Officer who was an appellate authority under 2006 rules and an order was passed in favour of the petitioner however, under 2008 rules after constitution of the District Panchayat Teachers’ Appellate Tribunal, the matter was referred to the appellate authority considering the reason that Block Development Officer’s involvement in perpetuating the illegality were also found. Petitioners’ grievance is that the District Teachers’ Employment Appellate Authority, Saran at Chapra has passed impugned order contained in Memo No. 471 dated 28.08.2009 2 whereby entire appointment made in that transaction by the Gram Panchayat Raj Dandaspur has been cancelled. Further prayer of the petitioners is for quashing the orders issued by the Block Development Officer, Lahladpur, (Janta Bazar), Saran contained in Memo No. 175 dated 03.09.2009 whereby in compliance of the order passed by the District Teachers Appointment Appellate Tribunal, Saran dated 22.08.2009 a termination letter has been issued cancelling the petitioners’ appointment. Counsel for the petitioners submits that despite issuance of consequential orders, still petitioners are discharging their duties in the schools where they were appointed and working. Considering the fact that the District Teachers Appointment Appellate Tribunal, Saran at Chapra has passed the impugned order without issuing any notice to the petitioners which is completely in violation of rule of natural justice. The impugned order and its consequential orders as contained in Annexures- 20 & 21 (in C.W.J.C. No. 11519/09) and in Annexures-21 & 22 (in C.W.J.C. No. 11858/09) are quashed. Status quo as existing today shall be maintained by the parties. This matter is being remitted to the District Teachers Appointment Appellate Tribunal, Saran at Chapra for reconsideration of the matter and to pass order afresh in accordance with law. The appellate authority will give liberty to all concerned including the petitioners before deciding the matter and passing the order in Appeal No. 456 of 2009. The notice must be issued to the appellants as well as the authorities and teachers like 3 petitioners and others who were appointed in that transaction. The order must be passed by the appellate authority preferably within 60 days from the date of receipt/production of this order. AKV/ (Mridula Mishra, J.)