IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8660 of 2008 JANAK NANDNI JHA, D/O KASHI KANT JHA, AND W/O SRI SHEET KANTH JHA, R/O MOHALLA-HANUMANGANJ MISHRA TOLA, P.S.-TOWN, DISTRICT-DARBHANGA. …………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW SECRETARIAT, PATNA. 2. THE DISTRICT MAGISTRATE, DARBHANGA AT LAHERIASARAI, DISTRICT-DARBHANGA. 3. THE BLOCK DEVELOPMENT OFFICER, BENIPUR BLOCK, P.S.-BAHERA, DISTRICT-DARBHANGA. 4. THE BLOCK EDUCATION EXTENSION OFFICER, BENIPUR BLOCK, P.S.-BAHERA, DISTRICT- DARBHANGA. 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, DARBHANGA, DISTRICT- DARBHANGA. 6. THE MUKHIYA, GRAM PANCHAYAT RAJ, RAMAULI, P.S.-BAHERA, DISTRICT- DARBHANGA. 7. PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ, RAMAULI, P.S.-BAHERA, DISTRICT- DARBHANGA. ……………RESPONDENTS. with CWJC No.8661 of 2008 KUMARI BANDANA, D/O SRI MAHASUNDER JHA AND W/O SRI ARUN KUMAR JHA, R/O VILLAGE-RAMAULI, P.O.-RAMAULI, P.S.-BAHERA, DISTRICT- DARBHANGA. …………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW SECRETARIAT, PATNA. 2. THE DISTRICT MAGISTRATE, DARBHANGA AT LAHERIASARAI, DISTRICT-DARBHANGA. 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, DARBHANGA, DISTRICT- DARBHANGA. 4. THE BLOCK DEVELOPMENT OFFICER, BENIPUR BLOCK, P.S.-BAHERA, DISTRICT-DARBHANGA. 5. THE BLOCK EDUCATION EXTENSION OFFICER, BENIPUR BLOCK, P.S.-BAHERA, DISTRICT- DARBHANGA. 6. THE MUKHIYA, GRAM PANCHAYAT RAJ, RAMAULI, P.S.-BAHERA, DISTRICT- DARBHANGA. 7. PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ, RAMAULI, P.S.-BAHERA, DISTRICT- DARBHANGA. ……………RESPONDENTS. 2 ----------- 2 29.08.2011 An order of the B.D.O., contained in memo no.558 dated 04.04.2008, is under challenge in both the writ applications. By order contained in this memo the entire appointments of Panchayat Teachers in the concerned Panchayat made under 2006 Rules have been cancelled on the ground of irregularity committed in the selection and it has been ordered that the fresh selection may be made within one month in accordance with the prescribed procedure. Follow-up order was issued by the Panchayat Secretary communicated to the petitioners, a copy of which is Annexure-2. Learned counsel for the petitioners rightly submits that the order is in violation of Principles of Natural Justice as the petitioners were appointed after due selection process held in terms of 2006 Rules and thereafter they completed training also. The submission of learned counsel for the petitioner that the order is in teeth of Principles of Natural Justice is not disputed in the counter affidavit. 3 In the circumstances, the said order of the B.D.O., as contained in Annexure-1 and the follow-up order of the Panchayat Secretary, as contained in Annexure-2 in both the writ applications, are quashed. If the B.D.O. or the State authorities have received any complaints in respect of irregularity committee in the appointment of the petitioners they are directed to refer the said complaint and all connected records to the concerned Appellate Authority constituted in terms of 2008 amendment within one month from the date of receipt/production of a copy of this order. On receipt of the records, the Appellate Authority shall issue notice to the concerned parties giving them opportunity to be heard, shall call for the relevant records from the concerned Panchayat and shall decide the matter positively within three months from the date of receipt of the records from the authorities of the Government. Till that date or till the final decision by the Appellate Authority or for three months from the date of receipt of the complaint and records from the B.D.O. or the 4 concerned authorities, whichever may be earlier, petitioners shall not be entitled to function as Panchayat Teachers and for their salary. Both the writ applications are disposed of with the aforesaid observations and directions. Arvind/ ( J.N. Singh, J.)