IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10096 of 2010 PRAMOD KUMAR S/O SRI VISHNU DEO DAS KESHAVA R/O VILL SHAHPUR BAGHOUNI, P.O.WAINI, P.S.TAJPUR, DISTT- SAMASTIPUR. VERSUS 1. 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCE DEVELOPMENT DEPARTMENT GOVT. OF BIHAR, VIKASH BHAWAN, NEW SECRETARIAT, PATNA 2. 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA 3. 3. THE DIRECTOR , PRIMARY EDUCATION GOVT. OF BIHAR, VIKAS BHAWAN, NEW SECRETARIAT, PATNA 4. 4. THE DISTRICT EDUCATION SUPERINTENDENT - CUM-DISTRICT PROGRAMME COORDINATOR SAMASTIPUR 5. THE BLOCK DEVELOPMENT OFFICER TAJPUR, SAMASTIPUR 6. THE BLOCK EDUCATION EXTENSION OFFICER TAJPUR, SAMASTIPUR 7. 7. THE DISTRICT TEACHERS APPOINTMENT APPELLATE TRIBUNAL SAMASTIPUR THROUGH ITS MEMBER 8. 8. THE MUKHIYA , GRAM PANCHAYAT SHAHPUR BAGHOUNI, BLOCK-TAJPUR, SAMASTIPUR 9. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT SHAHPUR BAGHOUNI, BLOCK-TAJPUR, DISTT- SAMASTIPUR 10. RAVI SHEKHAR KUMAR S/O YOGENDRA RAM VILL& P.O.SHAHPUR BAGHOUNI, BLOCK-TAJPUR, P.O.WAINI, P.S.TAJPUR, DISTT-SAMASTIPUR ----------- 02 08.09.2010 The petitioner is aggrieved by order dated 28.05.2010, passed by the District Teacher Employment Appellate Authority, Samastipur in Appeal No.170/2009. By the said order, the Tribunal has set aside the appointment of the petitioner as Panchayat Teacher, which was made on 09.03.2007. The grievance of the petitioner is that petitioner was neither made a party nor heard by the Tribunal before the order - 2 - terminating the service of the petitioner was passed. Learned counsel for the State from the order states that it does not appear that the petitioner was made a party and is not in a position to contest the position. In that view of the matter, the order of the Tribunal cannot be sustained. It is elementary that an order passed adverse to the interest of the person cannot be passed behind his back. I have no option but to set aside the order dated 28.05.2010, passed by the District Teacher Employment Appellate Authority, Samastipur in Appeal No.170/2009 and remand the matter to the Tribunal for fresh consideration in accordance with law after making the petitioner party and hearing him. Accordingly, the writ petition is disposed of. Trivedi/ (Navaniti Prasad Singh, J.)