IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8726 of 2009 SANDEEP KUMAR Versus THE STATE OF BIHAR & ORS ----------- 2. 31/07/2009 Heard learned counsel for the petitioner and learned counsel for the State. This writ application has been filed by the petitioner against order dated 1.4.2009 passed by the District Teachers Employment Authority, East Champaran, by which the authority has held the appointment of the petitioner as illegal and directed for his removal. From the record it appears that the order of removal was passed in respect of five persons. Out of them, four have moved this Court through C.W.J.C.No.8322 of 2009 and by order dated 22.7.2009 said order was quashed solely on the ground that before passing that order neither petitioners were noticed nor were given opportunity of being heard. By the said order, matter was remitted back to the appellate authority for disposal of the appeal afresh impleading the petitioners as party and giving them opportunity of hearing. Since the order stands already quashed by - 2 - the said order of a Bench of this Court, it is appropriate that the matter of the petitioner should also be remitted back to the authority for reconsideration along with the cases of those writ petitioners. In the circumstances, following the said order of this Court, the appellate order, as contained in Annexure-3, and the consequential order, as contained in Annexure-2, are quashed and the matter is remitted back to the appellate authority for its reconsideration after giving due notice and opportunity to the petitioner. Since in the said order of this Court, interim protection was given to the petitioner by way of direction to allow the petitioners to function as teachers on the post they were working, same interim protection shall apply to the petitioner in this case also. Pradeep/ (J. N. Singh, J.)