IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9023 of 2008 PAWAN KUMAR JHA, S/O RAJENDRA JHA, R/O VILLAGE-KASMAUL, P.S.-BHARGAMA, DISTRICT- ARARIA. …………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, ARARIA. 4. THE SUB-DIVISIONAL OFFICER, FORBESGANJ, ARARIA. 5. THE BLOCK DEVELOPMENT OFFICER, BHARGAMA, ARARIA. 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, ARARIA. 7. THE BLOCK EDUCATION EXTENSION OFFICER, BHARGAMA, ARARIA. 8. THE MUKHIYA, CHAIRMAN OF THE PANCHAYAT SHIKSHAK CHAYAN SAMITI, KUSMAUL PANCHAYAT, BHARGAMA BLOCK, ARARIA. …………RESPONDENTS. With CWJC No.9039 of 2008 ASHUTOSH KUMAR JHA, S/O DHEER NARAYAN JHA, R/O VILLAGE-SIRSIYAKALA, P.S.-BHARGAMA, DISTRICT-ARARIA. …………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY, HUMAN RESURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, ARARIA. 4. THE SUB-DIVISIONAL OFFICER, FORBESGANJ, ARARIA. 5. THE BLOCK DEVELOMENT OFFICER, BHARGAMA, ARARIA. 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, ARARIA. 7. THE BLOCK EDUCATION EXTENSION OFFICER, BHARGAMA, ARARIA. 8. THE MUKHIYA, CHAIRMAN OF THE PANCHAYAT SHIKSHAK CHAYAN SAMITI, KUSMAUL PANCHAYAT, BHARGAMA BLOCK ARARIA. …………RESPONDENTS. With CWJC No.9818 of 2008 RANI KUMARI, D/O LATE KHARAG NATH JHA, R/O VILLAGE-KUSMAUL, P.S.-BHARGAMA, DISTRICT- ARARIA. …………PETITIONER. Versus 2 1. THE STATE OF BIHAR. 2. THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, ARARIA. 4. THE SUB-DIVISIONAL OFFICER, FORBESGANJ, ARARIA. 5. THE BLOCK DEVELOPMENT OFFICER, BHARAGAMA, ARARIA. 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, ARARIA. 7. THE BLOCK EDUCATION EXTENSION OFFICER, BHARGAMA, ARARIA. 8. THE MUKHIYA, CHAIRMAN OF THE PANCHAYAT SHIKSHAK CHAYAN SAMITI, KUSMAUL PANCHAYAT, BHARGAMA BLOCK, ARARIA. …………RESPONDENTS. With CWJC No.9836 of 2008 MOHAN MURARI CHAUPAL, S/O LATE KAPLESHWAR CHAUPAL, R/O VILLAGE-GWALPARA, P.S.- CHHATAPUR, DISTRICT-SUAPUL. …………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, ARARIA. 4. THE SUB-DIVISIONAL OFFICER, FORBESGANJ, ARARIA. 5. THE BLOCK DEVELOPMENT OFFICER, BHARGAMA, ARARIA. 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, ARARIA. 7. THE BLOCK EDUCATION EXTENSION OFFICER, BHARGAMA, ARARIA. 8. THE MUKHIYA, CHAIRMAN OF THE PANCHAYAT SHIKSHAK CHAYAN SAMITI, KUSMAUL PANCHAYAT, BHARGAMA BLOCK, ARARIA. …………RESPONDENTS. ----------- 3 30.08.2011 Petitioners have challenged an order passed by the B.D.O. dated 04.05.2008, as contained in Annexure-1, by which their services as Panchayat Teachers have been terminated after holing an inquiry pursuant 3 to some complaints by some candidates. Learned counsel for the petitioners submits that no notice of the compliant or any show cause was served on the petitioners against proposed cancellation of their appointment. He submits that the petitioners were only asked to be present with all papers, but they had no knowledge that any complaint was filed against them and the same was being inquired into by the B.D.O. A counter affidavit has been filed in the case. However, it is not stated in the counter affidavit that a formal notice was given to the petitioners along with a copy of the complaint against proposed cancellation of their appointment. In the circumstances, on this technical ground, the order of the B.D.O. is fit to be set aside. Annexure-1, the order of the B.D.O. is, therefore, set aside so far as the petitioners are concerned and the B.D.O. is directed to send the complaints filed before him, the report of the inquiry held and all relevant documents to the statutory Appellate Authority now constituted under the Rules as 4 per 2008 amendment, within one month from the date of receipt/production of a copy of this order. On receipt of the complaint and the records, the Appellate Authority shall issue notice to the concerned parties giving them opportunity to be heard, shall call for the original records, if necessary, and shall decide the matter positively within three months from the date of receipt of the records from the office of the B.D.O. Till then status quo as of today shall be maintained. The writ applications are disposed of with the aforesaid observations and directions. Arvind/ ( J.N. Singh, J.)