IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6812 of 2009 1. KULDEEP KUMAR RAJAK, S/O PRABHU LAL RAJAK, R/O KAJLETA, P.S.-BARA, ISTAMBARAR, P.S.- MALCHHARI, DISTRICT-ARARIA. 2. GULSHAN ARA, W/O MD.NASIM ANWAR, NAWWA NANKAR, P.O.-BARA ISTAWBARAR, P.S.-NAWWA NANKAR (UTTAR TOLA), DISTRIT-ARARIA. 3. ABDUL WADOOD, S/O MD.ZIAUL HAQUE, R/O NAWWA NANKAR, P.O.-BARA ISTAMBARAR, P.S.- KHONA PIPRA, DISTRICT-ARARIA. 4. MD.ASHABUDDIN, S/O MD.YASIN, R/O NAWWA NANKAR, P.O.-BARA ISTAMBARAR, P.S.-KHONA PIPRA, DISTRICT-ARARIA. 5. MD.SALAHUDDIN, S/O MD.SAGHIRUADDIN, R/O NAWWA NANKAR, P.S.-HARDAR, DISTRICT-ARARIA. 6. BIBI SHOUKAT ARA, W/O MD.SALAHUDDIN, R/O KAJLETA, P.O.-BARA ISTAMBARAR, P.S.-KHONA PIPRA, DISTRICT-ARARIA. 7. ABDUL HALING, S/O MD.MAHBOOB ALAM, P.O.- BARA ISTAMBARAR, P.S.-KHONA PIPRA, DISTRICT- ARARIA. 8. BIBI BERZISH KHATOON, D/O MD.ALIMUDDIN, R/O-CHAMANPUR, P.O.-BARA ISTAMBARAR, P.S.- NAWWA NANKAR, DISTRICT-ARARIA. 9. TABASSUM SABAN, D/O MD.ZAKIRUDDIN, R/O NAWWA NANKAR, P.O.-BARA ISTAMBARAR, P.S.- NAWWA NANKAR, DISTRICT-ARARIA. 10.PERMESHWAR RAJAK, S/O TOFANI LAL RAJAK, R/O-KAJLETA, P.O.-BARA ISTAMBARAR, P.S.-NAWWA NANANKAR CHORMARA, DISTRICT-ARARIA. 11.USHA KUMARI, D/O PURAN LAL RAJAK, R/O PALASI, P.S.-KHONA PIPRA, DISTRICT-ARARIA. 12.MD.ARIF HUSAIN, S/O LATE NOOR MOHAMMAD, R/O NAWWA NANKAR, P.O.-BARA ISTAMBARAR, P.S.- NAWWA NANKAR (UTTAR TOLA), DISTRICT-ARARIA. 13. MD. SAUD ALAM, S/O MD.REZAUL HAQUE, R/O KAJLETA, P.O.-BARA ISTAMBARAR, P.S.- MALCHHARI, DISTRICT-ARARIA. 14. SHAHJAHAN KHATOON, D/O MD.JABIR ANSARI, R/O JOKIHAT, P.S.-HARDAR, DISTRICT-ARARIA. ………………PETITIONERS. Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 2. PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 3. DISTRICT MAGISTRATE, ARARIA. 2 4. DISTRICT SUPERINTENDENT OF EDUCATION, DISTRICT-ARARIA. 5. BLOCK DEVELOPMENT OFFICER, JOKI HAT, DISTRICT-ARARIA. 6. PRINCIPAL SECRETARY, PANCHAYATI RAJ DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIATE, PATNA. 7. DEPUTY DIRECTOR (ELECTION), PANCHAYATI RAJ DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 8. DISTRICT PANCHAYAT RAJ OFFICER, ARARIA. 9. DISTRICT TEACHER EMPLOYMENT APPELLATE AUTHORITY, ARARIA. 10.PANCHAYAT SECRETARY, GRAM PANCHAYAT HARDAR, BLOCK-JOKI HAT, DISTRICT-ARARIA. 11. THE MUKHIYA, GRAM PANCHAYAT HARDAR, BLOCK-JOKI HAT, DISTRICT-ARARIA. 12. MD. AZIMUDDIN, S/O MD.FAKIR MOHAMMAD, AT- CHAKAI, P.O.-CHAKAI,VIA JOKIHAT, DISTRICT- ARARIA. 13. MD. JAMSHED ALAM, S/O MD. TASLIMUDDIN, R/O AT NAWWA NANKAR, POST-BARA, VIA JOKIHAT, DISTRICT-ARARIA. 14. BIBI FARHANA KHATOON, W/O MD.MANNAN, R/O AT BARMATTAR, POST-JOKIHAT, VIA JOKIHAT, DISTRICT-ARARIA. 15. MD. SAHID HASNAIN, S/O MD.SADIUR RAHMAN, R/O AT NAWWA NANKAR, POST-BARA, VIA JOKIHAT, DISTRICT-ARARIA. …………………RESPONDENTS. With CWJC No.6813 of 2009 CHANDRAKALA KUMARI, W/O BHOLA PRASAD SAH, R/O VILLAGE+P.O.-KESARRA, VIA JOKIHAT, DISTRICT- ARARIA. ………………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 2. PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 3. DISTRICT MAGISTRATE, ARARIA. 4. DISTRICT SUPERINTENDENT OF EDUCATION, DISTRICT-ARARIA. 5. BLOCK DEVELOPMENT OFFICER, JOKI HAT, DISTRICT-ARARIA. 6. PRINCIPAL SECRETARY, PANCHAYATI RAJ DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIATE, PATNA. 3 7. DEPUTY DIRECTOR (ELECTION), PANCHAYATI RAJ DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 8. DISTRICT PANCHAYAT RAJ OFFICER, ARARIA. 9. DISTRICT TEACHER EMPLOYMENT APPELLATE AUTHORITY, ARARIA. 10.PANCHAYAT SECRETARY, GRAM PANCHAYAT HARDAR, BLOCK-JOKI HAT, DISTRICT-ARARIA. 11. THE MUKHIYA, GRAM PANCHAYAT HARDAR, BLOCK-JOKI HAT, DISTRICT-ARARIA. 12. MD. AZIMUDDIN, S/O MD.FAKIR MOHAMMAD, AT- CHAKAI, P.O.-CHAKAI,VIA JOKIHAT, DISTRICT- ARARIA. 13. MD. JAMSHED ALAM, S/O MD. TASLIMUDDIN, R/O AT NAWWA NANKAR, POST-BARA, VIA JOKIHAT, DISTRICT-ARARIA. 14. BIBI FARHANA KHATOON, W/O MD.MANNAN, R/O AT BARMATTAR, POST-JOKIHAT, VIA JOKIHAT, DISTRICT-ARARIA. 15. MD. SAHID HASNAIN, S/O MD.SADIUR RAHMAN, R/O AT NAWWA NANKAR, POST-BARA, VIA JOKIHAT, DISTRICT-ARARIA. …………………RESPONDENTS. ----------- 6 16.11.2010 Though these cases have been listed under the heading “for orders (on petitions)” for vacating the stay order, with the consent of the parties, the same are being taken up and considered on merits for their final disposal. The primary challenge by the petitioners to the order of the Appellate Authority, as contained in Annexure-1, is on the ground that the Appellate Authority had not noticed the petitioners and heard them before holding their appointment as illegal and cancelling the same. Respondents have appeared and filed their counter affidavit. However, with their counter affidavits 4 there is no documentary evidence to establish beyond reasonable doubt that the notice was personally served to the petitioners for their hearing before the Appellate Authority. Some documents have been filed by the respondents to show that the Appellate Authority had directed the Mukhiya and the Panchayat Secretary to inform the appointed candidates i.e. the petitioners. However, learned senior counsel for the petitioners vehemently argues that they were not informed by the Mukhiya and the Panchayat Secretary about the hearing going before the Appellate Authority and therefore, there is violation of Principles of Natural Justice. In the Circumstances, without setting aside the impugned order, the petitioners are given liberty to appear before the Appellate Authority and file a petition along with a copy of this order requesting the Appellate Authority to hear them in the matter on merits. If the petitioners appear before the Appellate Authority within one month, the Appellate Authority shall fix up a firm date in the matter on the representations of the petitioners themselves for hearing in the matter afresh. The Appellate Authority shall also call for the entire original records in respect of the petitioners on the date fixed. In the presence of the petitioners the entire 5 records will be examined by the Appellate Authority and the petitioners will be given liberty to make their submissions in support of their claims. If the petitioners satisfy the Appellate Authority with regard to the validity of their appointments, the Appellate Authority shall recall its earlier orders and shall pass further order as may be appropriate in accordance with law. It is directed that the interim order passed by this Court shall continue till fresh orders are passed by the Appellate Authority only in respect of those petitioners who file their representation before the Appellate Authority within the stipulated one month and appear on the date fixed for hearing. The Appellate Authority shall decide the matter within two months from the date of receipt of first representation from any of the petitioners. It is directed that the Appellate Authority will not be swayed away or influenced by its earlier order. Arvind/ ( J. N. Singh, J.)