IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17854 of 2008 1. SMT.GEETA DEVI, W/O SRI CHOTE LAL SHAH, R/O VILLAGE-MAHAMADPUR, P.O.-VANSH SHANKAR, P.S.-PATAHI, DISTRICT-EAST CHAMPARAN. 2. SMT.GULSHAN ARA, D/O ABDUL KHALID, R/O VILLAGE AND P.O.-BARAHARWA LAKHAN SEN, P.S.-DHAKA, DISTRICT-EAST CHAMPARAN (MOTIHARI). 3. MD.NAIMUDDIN, S/O SHEKH GAFUR, R/O VILLAGE-MURALI, P.O.-PANCHPAKSHI, DISTRICT-EAST CHAMAPRAN. …………PETITIONERS. Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER-CUM-SECRETARY, PRIMARY AND ADULT EDUCATION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE DIRECTOR, PRIMARY EDUCATION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, EAST CHAMPARAN. 4. THE BLOCK DEVELOPMENT OFFICER, DHAKA, EAST CHAMPARAN. 5. THE BLOCK EDUCATION EXTENSION OFFICER, DHAKA, EAST CHAMAPARAN. 6. THE SECRETARY, GRAM PANCHAYAT RAJ BARAHWA LAKHAN SEN, DHAKA, EAST CHAMPARAN. 7. THE MUKHIYA GRAM PANCHAYAT RAJ BARAHWA, DHAKA, EAST CHAMPARAN. 8. NAUSHAD HUSSAIN, S/O MD.ANWARUL HAQUE, VILLAGE-LAHAN DHAKA, P.S.-DHAKA, DISRICT- EAST CHAMPARAN. 9. SAJDA KHATOON, W/O MD.HUSSAIN ANSARI, VILLAGE-LAHAN DHAKA, P.S.-DHAKA, DISTRICT- EAST CHAMAPARAN. …………RESPONDENTS. ----------- 9 19.09.2011 Annexure-4 is the order of the Block Development Officer dated 28.05.2008 by which upon inquiry and upon perusal of the records the appointments of the petitioners as Panchayat Teachers have been found to be illegal. Petitioners challenge this order on two grounds namely, (i) that the order has 2 been passed in clear violation of Principles of Natural Justice and (ii) that the order suffers from several errors of record and the factual findings of the B.D.O. is not correct. To establish the same, petitioners have placed certain documents on record. The respondents have appeared and filed their counter affidavits. The affidavit of the Mukhiya and Panchayat Secretary are on record which support the case of the petitioners. Today the present B.D.O. has also filed an affidavit supporting the petitioners. The private respondents have appeared, but they have not filed any affidavit. The impugned order shows that several factual aspects in respect of the process of selection has been considered by the then B.D.O. Now these findings of facts are being disputed by the present B.D.O., MUkhiya and Panchayat Secretary and the case of the petitioners are being supported. This Court cannot go into disputed questions of fact. But this is established that the order is in violation of Principles of Natural Justice as there is nothing in the order to 3 indicate that any notice was issued to the petitioners whose appointments were cancelled by this order. In the circumstances, only on the ground of violation of Principles of Natural Justice, the impugned order Annexure-4 is quashed. The concerned officials are granted liberty to transmit the records and the pending complaints received by them, which resulted into impugned order, to the Appellate Authority constituted under the Rules. If they do so, the Appellate Authority shall be obliged to issue notice to all the parties giving them opportunity to be heard, shall call for the original records and shall decide the matter in reference to the original records and after hearing the parties. By order dated 03.03.2011, this Court had directed status quo to be maintained in the matter. Hence, it is directed that in case the matter is transmitted by the authorities to the statutory Appellate Authority within one month the status quo shall continue till the Appellate Authority decides the matter 4 finally or till three months from the date of receipt of the records from the concerned authorities. In case the authorities do not choose to remit the matter to the Appellate Authority then the consequences of quashing of impugned order (Annexure-4) shall follow. The writ application is disposed of with the aforesaid observations and directions. Arvind/ ( J.N. Singh, J.)