IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1958 of 2010 RANJEET KUMAR SINGH S/O SRI SACHHIDANAND SINGH R/O VILL- RAMPUR KASIGAWAN, P.O NIMAITHI, P.S- BAHERI, DISTT- DARBHANGA Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, DARBHANGA 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, DARBHANGA 4. THE BLOCK DEVELOPMENT OFFICER, BAHERI, DISTT- DARBHANGA 5. THE BLOCK EDUCATION EXTENSION OFFICER, BAHERI, DISTT- DARBHANGA 6. THE PANCHAYAT SECRETARY OF GRAM PANCHAYAT NIMAITHI, PS- BAHERI, DISTT- DARBHANGA 7. THE MUKHIYA, GRAM PANCHAYAT, NIMAITHI, P.S BAHERI, DISTT- DARBHANGA ----------- For the petitioner: M/S. Rajendra Prasad Singh, Sr. Advocate, Rajeev Kr. Singh and Navjot Yeshu. For the respondents : SC – 10. ------ 02. 02.12.2010 Annexure-1 is the order passed by the District Magistrate, Darbhanga in terms of the earlier direction of the High Court passed in CWJC No.2449 of 2008. Petitioner is not satisfied with the said order and therefore, has approached the High Court. The District Magistrate has further in his order directed the District Appellate Tribunal to consider the matter in light of what he has recorded. Learned senior counsel for the petitioner submits that before any order is passed by the Appellate Tribunal petitioner is required to be heard. In addition, the order of the District Magistrate has been passed on so-called report of the District Superintendent of Education, a copy of which was not made over or made available for the petitioner to look into. If he is not aware as to what is the infirmity found therein 2 he will not be in position to meet those findings. It is a fair stand on behalf of the petitioner that he ought to know the findings which have been recorded with regard to the recruitment made and the materials which have come with regard to the process of recruitment and selection carried out. The writ application is disposed of with a direction upon the Tribunal that they will hear the petitioner on the issue and they shall also ensure that the petitioner is given a copy of the enquiry report of the District Superintendent of Education, Darbhanga, which is said to be the foundational material based on which the District Magistrate’s order has come to be passed. The Tribunal will thereafter proceed to decide the matter in accordance with law. The writ application is disposed of with the above direction. rkp ( Ajay Kumar Tripathi, J.)