IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5932 of 2007 SUNITA KUMARI Versus THE STATE OF BIHAR & ORS ----------- CWJC No.6000 of 2007 MD.FARID ALAM Versus THE STATE OF BIHAR & ORS ----------- CWJC No.6033 of 2007 MAHESH KUMAR CHOUDHARY Versus THE STATE OF BIHAR & ORS ----------- CWJC No.6552 of 2007 NITA KUMARI Versus THE STATE OF BIHAR & ORS ----------- 2. 03.07.2008 Heard learned counsel for the petitioners and the State. In all these matters, issues are common and arise out of same course of appointment. In CWJC No. 5932 of 2007 counter affidavit has been filed on facts. This Court is satisfied that the answer on facts shall cover the case of other writ petitioners also. These writ applications are, therefore, being disposed by this common order. The petitioners were appointed as Shiksha Mitra in and around October, 2004 and joined. Nearly two years later in April, 2006, an allegation petition was filed by a non-applicant before the Janta Darbar of the District Magistrate. Then followed an enquiry report dated 30.12.2006 at Annexure-3 in CWJC No. 5932 of 2007, common in nature to all. From a bare perusal of the enquiry report itself it is apparent that it was only the Mukhia from whom the - 2 - enquiry was made and not from those who had already been appointed. The petitioners were confronted with final orders of their termination dated 19.2.2007 while directing that the process of appointments be commenced afresh. The petitioners have specifically stated in paragraph 18 of their writ petition that they were neither heard nor noticed before the impugned order came to be passed. It has not been denied by the Respondents in their counter affidavit in paragraph 16 and, therefore, deemed to be admitted. Learned counsel for the State sought to persuade this Court that since there were allegations of large scale irregularities, the question of individual notice did not arise. The appointments in these writ applications relate to Ogri Panchayat. From the enquiry report at paragraph 3, it is apparent that there was no positive material to arrive at the conclusion, which was arrived at on surmises and conjectures in absence of necessary materials being placed before the appropriate authority. The writ applications are allowed. The impugned orders of termination of the petitioner are set aside and they stand reinstated. This order shall not in any manner prejudice the Respondent- authorities. AKS/ (Navin Sinha, J.)