IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14847 of 2008 MD.FAROOQUE AZAM, S/O ABDUL SUBHAN, RESIDENT OF VILLAGE-NAVTOLIA, P.O.-MARAR, P.S.-MORKAHI, DISTRICT- KHAGARIA. …………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF HUMAN RESOURCES, GOVERNMENT OF BIHAR, PATNA. 3. THE DIRECTOR, RASTRIYA NIYOJAN KARYAKARAM, KHAGARIA. 4. THE DISTRICT MAGISTRATE, KHAGARIA. 5. THE DISTRICT EDUCATION OFFICER, KHAGARIA. 6. THE DISTRICT EDUCATION SUPERINTENDENT-CUM- CONVENOR, DISTRICT COMMITTEE SARVA SHIKSHA ABHIYAN, KHAGARIA. 7. THE BLOCK DEVELOPMENT OFFICER, BLOCK-PARBATTA, DISTRICT-KHAGARIA. 8. THE BLOCK EDUCATION EXTENSION OFFICER, BLOCK- PARBATTA, DISTRICT-KHAGARIA. 9. THE MUKHIYA-CUM-CHAIRMAN, GRAM PANCHAYAT SOUTH DAKSHINI, DISTRICT-KHAGARIA. 10. THE PANCHAYAT SACHIV-CUM-MEMBER TEACHERS SELECTION COMMITTEE, PANCHAYAT SAURH, PARBATTA, DAKSHNI, DISTRICT-KHAGARIA. 11. THE PANCHAYAT SEVAK, MEMBER, TEACHERS SELECTION COMMITTEE, PANCHAYAT SAURH DAKSHIN, PARBATTA BLOCK, KHAGARIA. ………..RESPONDENTS. ----------- 2/ 25.01.2010 Heard counsel for the petitioner and the counsel appearing for the State. Initially, writ application was filed by the petitioner for quashing of the order dated 07.05.2008 contained in Memo No. 491 issued by the B.D.O. Parbatta, District-Khagaria, terminating the petitioner from his service. The impugned order has been passed without issuing any show cause notice to the petitioner and without providing any opportunity of hearing to him. 2 During the pendency of the application, on the basis of petitioner’s representation, before Janata Darbar an Appeal Case No. 222-01/09 was instituted by the District Teachers Employment Appellate Tribunal, Khagaria. The Appeal Case No. 222-01/09 dated 09.07.2009, dismissing the appeal and affirming the termination order passed in favour of the petitioner. I.A. No. 8111 of 2009 was filed by the petitioner for amending the prayer. The amended relief prayed by the petitioner was for quashing of the order passed in Appeal Case No. 222-01/09. This application is being disposed of. The matter is remitted back to the District Teachers Employment Appellate Tribunal, Khagaria, for re-consideration of appeal, giving proper notice to all concerned as well as to the petitioner and to decide the appeal in accordance with law. The appeal must be disposed of within two months from the date of production/communication of this order. Sanjeet/ (Mridula Mishra, J.)