IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15603 of 2010 1. GANESH KUMAR S/O SRI SURAJ MAL PRASAD R/O VILL SAGUNI, P.O.& GRAM PANCHAYAT-REWAN, P.S.& BLOCK-MOSOUDHI, DISTT-PATNA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES GOVERNMENT OF BIHAR, PATNA 3. THE DIRECTOR, PRIMARY EDUCATION , DEPARTMENT OF HUMAN RESOURCES GOVERNMENT OF BIHAR, PATNA 4. THE DISTRICT MAGISTRATE PATNA 5. THE DISTRICT SUPERINTENDENT OF EDUCATION PATNA 6. THE BLOCK EDUCATION EXTENSION OFFICER MASOUDHI, DISTT-PATNA 7. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT REWAN, BLOCK-MOSOUDHI, DISTT-PATNA ----------- 03. 03.05.2011 In para 13 of the writ application a very categorical statement has been made that the petitioner had not been provided opportunity of hearing as no notice was ever issued to him and the order impugned, contained in Annexure-1, has been passed behind his back, which violates the principle of natural justice. Looking at the categorical assertions made in the writ application, this matter is being remanded back to the District Teachers Employment Appellate Authority, Patna with a clear and categorical observation that if this order has been passed without notice and opportunity of hearing to the petitioner, it is not order in the eye of law and the order to that extent would be required to be interfered with. Petitioner has a right of hearing before any order in this regard is passed. To that 2 extent Annexure-1 would be deemed to have been quashed with a rider that the appellate authority must satisfy itself on the issue whether the petitioner was noticed or made a party to the proceeding and heard before impugned order was passed. Writ is disposed of with above observation. rkp ( Ajay Kumar Tripathi, J.)