IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2242 of 2006 MANAGING COMMITTEE OF MADARSA BADRUL ISLAM, Begusarai, through its Secretary, Sultan Ahmad, Son of late Abdul Gafur, resident of Mohalla-Pokhariya, P.S. & District- Begusarai. -----------Petitioner Versus 1. THE STATE OF BIHAR, through the Secretary, Secondary and Higher Education Department, Government of Bihar, New Secretariat, Vikas Bhawan, Patna. 2. The Director, Secondary Education, Government of Bihar, New Secretariat, Vikas Bhawan, Patna. 3. The Deputy Director, Secondary Education, Government of Bihar, New Secretariat, Vikas Bhawan, Patna. 4. The District Education Officer, Begusarai. 5. The Bihar State Madarsa Education Board, through its Secretary, Vidyapati Marg, Patna. 6. The Chairman, Bihar State Madarsa Education Board, Vidyapati Marg, Patna. 7. The Secretary, Bihar State Madarsa Education Board, Vidyapati Marg, Patna. 8. Md. Mokarramul Hussaini, son of late Muzaffar Hussain, resident of village-Sanha, P.S. Sahebpur Kamal, District- Begusarai. -----------Respondents. ----------- 2. 03.02.2011 Heard learned counsel for the petitioner, State and the Bihar State Madarsa Education Board. 2. During the pendency of this writ petition petitioner Managing Committee has been reconstituted. By filing the writ petition the Committee challenged the order dated 12.11.2005 (Annexure-1) passed by the Deputy Director Secondary Education in Appeal Case No. 7 of 2005 whereunder private respondent no. 8 has been reinstated as Principal, Madarsa Badrul Islam, Begusarai. 2 3. Perusal of the order dated 12.11.2005 (Annexure-1) indicates that the order dated 3.1.1995 dismissing respondent no. 8 from the post of Principal and the appellate order dated 13.7.2004 has been set aside on the ground that before dismissing respondent no. 8 from the post of Principal neither charge sheet was served on respondent no. 8 nor he was given opportunity of being heard. With reference to the findings recorded by the appellate authority under order dated 13.7.2004 it is submitted that principles of natural justice were observed by the authorities before respondent no. 8 was dismissed under order dated 3.1.1995. From perusal of the impugned order dated 12.11.2005 it appears that there was dispute about the constitution of the Managing Committee and notice issued by the illegally constituted Managing Committee was not accepted by respondent no. 8, as respondent no. 8 did not receive notice initiating departmental proceeding against him orders were passed ex parte. Appreciating the fact that orders were ex parte the special Director under the impugned order dated 12.11.2005 not only set aside the dismissal order dated 3.1.1995 but also the appellate order dated 13.7.2004, I find no illegality in 3 the order dated 12.11.2005 (Annexure-1) passed by the Special Director. 4. This writ petition is accordingly dismissed. Anand Kr. ( V. N. Sinha, J.)