IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15745 of 2009 1. UPENDRA KUMAR SHARMA, S/O Dhrupdeo Sharma, Resident of Village-Gonthi, P.S.-Andar, Dist-Siwan. 2. Manoj Kumar, S/O Rghunath Yadav, Resident of Village Miyan Ke Bhathan, P.s.-Andar, Dist-Siwan. 3. Manoj Kumar Manjhi, S/o Jagnarayan Ram, Resident of Village Gonthi, P.s. Andar, Dist-Siwan. 4. Jairam Yadav, S/O late Satyanarayan Yadav, Resident of Village- Sanjalpur, P.S. Andar, Dist-Siwan. 5. Shambhu Yadav, S/o Muneshwar, Yadav, Resident of Village- Banthu, P.S. Andar, Dist-Siwan. 6. Ashok Kumar Yadav, S/o Khublal Yadav, Resident of Village- Banthu, P.S. Andar, Dist-Siwan. 7. Munna Ram, s/O Dhrupdeo Ram, Resident of Village-Sajalpur. P.S. Andar, Dist-Siwan. 8. Prem Chand Ram, S/O bangali Ram, Resident of Village-Miyan Ke Bhatkan, P.s. Andar, dist-Siwan. 9. Anajani Sharma, W/O Arbind SDharma, Resident of Village Badheyan, P.S. Andar, Dist-Siwan. 10. Archana Tiwari, W/O Alok Ranjan Tiwari, Resident of village Badheyan P.S. Andar, Dist Siwan. 11. Durgawati Devi, W/O Phulena Yadav, Resident of village Banthu, P.s. Andar,Dist-Siwan. 12. Gita Devi, W/O Manoj Kumar Sah, Rest. Of Village Gonthi. P.S. Andar, Dist-Siwan. 13. Chinta Devi W/O Shankar Yadav, Rres. Of Vill. Gonthi, P.S. Andar, Dist-Siwan. 14. Rina Kumari, Tiwari @Rina Devi, W/O Virendra RPati Tiwari, Res. Of Vill. Gonthi, P.S. Andar, Dist-Siwan. 15. Rakshanda Jaben, W/O Zafar Iqubal, Resi. Of Villl Miyan Ke Bhatkan, P.S. Andar, Dist-Siwan. 16. Mina Devi, W/O Byash Baitha, Res. Of Vill-Sanjalpur. P.S. Andar, Dist-Siwan. 17. Kanak Lata Devi, W/O Vijay Srivastava, resident of Village Sanjalpur,. P.S. Andar, Dist-Siwan. 18. Ajay Kumar Yadav, S/O Narayan Yadav, Resi of Vill Gonthi, P.S. Andar, dist-Siwan. 19. Bipin Bihari Yadav, S/O Ram Dayal Yadav, Resident of Village Gonthi, P.s. Andar, Dist-Siwan. 20. Sunita Devi, W/O Santosh Tiwari, Resident of Vill-Badheya P.S. Andar, Dist-Siwan. 21. Satyendra Yadav, S/O Nandjee yadav, Resident of Village Chhiyasi, P.S. Andar, Dist-Siwan. 2 Versus 1. THE STATE OF BIHAR. 2. The Principal Secretary, HRD Department, Govt. of Bihar, Patna. 3. The Director, Primary Education HRD Department, Govt. of Bihar, Patna. 4. The District Magistratte, Siwan. 5. The District Teachers Appointment Appellate Authority. Dist-Siwan through its Chairman. 6. The Member, The Dist Teacher Appointment Appellate Authority Dist. Siwan. 7. The District. Superintendent of Education Dist-Siwan. 8. The Block Development Officer Block Jeradei Dist-Siwan. 9. The Block Education Extension Officer , Block Jeradei, Dist-Siwan. 10. The Mukhiya, Gram Panchayt Raj Miyan Ke Bhatkan, Block Jeradei, Dist-Siwan. 11. The Panchayat Secretary, Gram Panchayat Raj Miyan Ke Bhatkan Block-Jeradei, Dist-Siwan. 12. Sri Ram Kumar Yadav, S/O Late Nathuni Yadav, Resident of Village- Banthju, P.S. Andar, Dist-Siwan. ----------- 3 26.11.2010 Heard learned senior counsel for the petitioner, learned counsel for the respondent No. 11 as well as learned counsel for the State. Petitioners have challenged the order of the District Teacher Employment Appellate Authority, Siwan contained in Memo No. 1130 dated 31.10.2009, annexed as Annexure-1. The challenge of the petitioners is precisely on the ground that before the order of cancellation of their appointments were issued, they were neither given any notice nor were given any opportunity to be heard in the matter. 3 The order impugned shows that the respondent No. 11 had filed his complaint against one Upendra Kumar Sharma, i.e petitioner No. 1 only on the ground that the respondent was having higher marks than the said petitioner. However, while examining the matter, the Appellate Authority found some anomalies in the selection process and therefore, has cancelled the entire process and thus directed for cancellation of appointment of all the petitioners. There is nothing in the order to show that any notice was issued to any of the petitioners or they were given any opportunity to be heard. The order has been passed apparently behind their back. In normal course, this Court, while quashing the impugned order, would have remitted the matter back to the Appellate Authority for reconsideration of the matter after compliance of Principles of Natural Justice. However, learned senior counsel for the petitioner points out that respondent No. 11 was a candidate in the selection process held in 2005, but was not selected. Thereafter, he slept over the matter and for the first time in 2009 he has raised a grievance 4 before the Appellate Authority. This delay of four years does not stand explained in the counter affidavit of respondent No. 11. Therefore, this Court is of the view that the matter should not be allowed to remain pending or to be allowed to be reconsidered on the complaint of respondent No. 11. Therefore, the impugned order as contained in Annexure-1 is quashed and the complaint of respondent No. 11 as filed before the Appellate Authority is also quashed. If petitioners have been removed as a consequence of passing of the impugned order, they shall be restored in services with all consequential benefits. With the aforesaid observations and directions, this writ application is allowed. Prakash (J.N. Singh, J.)