IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17779 of 2010 1. MD. NAIYAR AZAD S/O LATE MD. ALLAUDDIN R/O MOHALLA- CHAPRA PATTI, PANCHAYAT BEER NAGAR, P.S.- BHARGAMA, DISTT.- ARARIA Versus 1. THE STATE OF BIHAR 2. DISTRICT SUPERINTENDENT OF EDUCATION, ARARIA 3. MUKHIYA, PANCHAYAT RAJ BEER NAGAR EAST, DISTT.- ARARIA 4. PANCHAYAT SECRETARY, PANCHAYAT RAJ, BEER NAGAR EAST, DISTT.- ARARIA ----------- 02. 16.5.2011 Writ of the petitioner may be premature in the sense that the District Superintendent of Education, Araria has communicated vide his letter dated 19th July, 2010 to the Mukhiya and Panchayat Secretary with regard to the allegation made against the petitioner that he has earlier passed matriculation examination with a particular date of birth as well as passed a Fauqania examination with a different date of birth and by suppressing these vital facts he has obtained appointment as a Panchayat teacher. The Mukhiya and the Panchayat Secretary were therefore directed to enquire and if the fact is correct, take an appropriate action. If the allegation against the petitioner is correct and borne out from the record, then something will be required to be done and it cannot be ignored but if it is a mere allegation, then the matter is another issue. But all this can only be done provided enquiry is made into the issue. Counsel for the petitioner submits that let no order be passed by the concerned respondent i.e. Mukhiya or the 2 Panchayat Secretary without giving opportunity to the petitioner on this score. It goes without saying that the two authorities have an obligation to look into the allegation in terms of the DSE’s letter but also an obligation to given opportunity to the petitioner to explain the allegations against him. Any fall-out will be dependent upon the outcome. With this observation the writ application is disposed of. rkp ( Ajay Kumar Tripathi, J.)