IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13280 of 2009 1. NARAYAN PRASAD SINGH S/O LATE SADANAND PRASAD SINGH VILL.- ROSHAN GANJ, P.O.- BALIA BELOWN, P.S. BALIA BELOWN VIA SALMARI DISTT.- KATIHAR--------------PETITIONER Versus 1. THE STATE OF BIHAR 2. THE SECRETARY HUMAN RESOURCES DEVELOPMENT MINISTRY, GOVT. OF BIHAR 3. THE DISTRICT MAGISTRATE KATIHAR 4. THE MEMBER APPELLATE TRIBUNAL, TEACHER'S APPOINTMENT, KATIHAR 5. DISTRICT SUPRITENDENT OF EDUCATION KATIHAR 6. THE BLOCK DEVELOPMENT OFFICER AZAMNAGAR 7. THE BLOCK EDUCATION OFFICER AZAMNAGAR 8. THE CHAIRMAN SELECTION COMMITTEE OF PANCHAYAT TEACHER, GRAM PANCHAYAT TEGHRA, BLOCK AZAMNAGAR DISTT.- KATIHAR 9. THE MUKHIYA GRAM PANCHAYAT TEGHRA P.S. AZAMNAGAR BLOCK AZAMNAGAR DISTT.- KATIHAR 10. THE SECRETARY CUM PANCHAYAT SEWAK TEGHRA null P.S. AZAMNAGAR, BLOCK- AZAMNAGAR, DISTT.- KATIHAR 11. ABDUL KHALIQUE S/O LATE RASHID VILL.- GOVINDPUR, P.S. AZAMNAGAR, DISTT.- KATIHAR------------RESPONDENTS. ----------- 4 7.2.2011 Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for private respondent. The original record relating to Appeal No. 1132 of 2009 has been produced by learned counsel for the State. A direction was given by the Court on 3.1.2011 to produce the original record in the light of categorical statement made in paragraphs 11 and 12 of the writ application that he was not even made a party, heard or any notice or service thereto was effected which is a must since the order passed has civil consequence as he has been ordered to be removed. A perusal of the original record indicates that the statement made by the petitioner is correct and the appellate authority of Katihar has dealt with the matter in a very cursory manner. Since it is quasi judicial adjudication, therefore the - 2 - District Teachers Employment Appellate Authority has a duty to hear all the parties including person who is likely to be affected by the said order i. e. the petitioner in this case. Failure to do so goes to the root of the matter and the impugned order is no order in the eye of law. The District Teachers Employment Appellate Authority is hereby directed that they must be more careful in future less the Court may direct for their removal due to failure on their part to perform the duty thrust upon them by the State in a proper manner. Impugned order contained in annexure-1 dated 26.8.2009 is hereby quashed. Writ is allowed. Matter is relegated back to the District Teachers Employment Appellate Authority to rehear the matter and pass an appropriate order afresh after hearing the parties including the petitioner. The original record is returned to the learned counsel for the State to be relegated to the concerned authority. RPS (Ajay Kumar Tripathi,J.)