IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12866 of 2009 MUNNA KUMAR OJHA . Versus THE STATE OF BIHAR & ORS . ----------- 2 4.1.2010 Heard counsel for the petitioner and the Counsel appearing for the State. Prayer of the petitioner is for quashing of order dated 28.7.2009 contained in Memo no. 1237 of 2009 issued by the District Superintendent of Education, Rohtas, whereby a direction had been issued to Panchayat Secretary for cancelling the appointment of the petitioner and also stopping the payment of salary. The petitioner has challenged the order on the ground that it is without jurisdiction and also in violation of principles of natural justice, as without issuing any notice to the petitioner an exparte order has been issued for cancellation of petitioner’s appointment. Petitioner has been stopped from discharging his duties by the Panchayat Secretary and the Principal of the School even though no consequential order was issued as per direction of the District Superintendent of Education for terminating the service of the petitioner. Considering that the order impugned is completely illegal, without jurisdiction and passed in 2 violation of principles of natural justice, order contained in Memo no. 1237/2009 dated 28.7.2009 is quashed. This application is allowed. However, the respondent authorities are given an option to initiate a proper proceeding for termination of petitioner’s service, in case any illegality or irregularity has been committed in his appointment. Till final decision is taken, the respondents will allow the petitioner to continue on his post, with all benefits. (Mridula Mishra,J.) A.Kumar