IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.4697 of 2008 ====================================================== 1. SHAILENDRA KUMAR PANDEY, S/O LATE RAM SINGAR PANDEY, R/O VILLAGE-CHAK SALEM, P.O. AND P.S.- PATORI, DISTRICT-SAMASTIPUR. 2. VINAY KUMAR CHAUDHARY, S/O SHRI TRILOKI NATH CHAUDHARY, R/O VILLAGE + P.O.-SHAHPUR UNDI, P.S.- PATORI, DISTRICT-SAMASTIPUR. 3. USHA KUMARI GUPTA, D/O LATE BRAJ NANDAN PRASAD GUPTA, W/O SHRI RAGHUNATH PRASAD GUPTA, R/O VILLAGE-SHAHPUR UNDI, P.S.-PATORI, DISTRICT- SAMASTIPUR. .... .... Petitioner/s Versus 1. THE STATE OF BIHAR. 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA. 4. THE DISTRICT MAGISTRATE, SAMASTIPUR. 5. THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHAIRMAN, DISTRICT LEVEL EDUCATION ESTABLISHMENT COMMITTEE, SAMASTIPUR. 6. THE DISTRICT SUPRINTENDENT OF EDUCATION, SAMASTIPUR. 7. THE BLOCK DEVELOPMENT OFFICER, PATORI, DISTRICT-SAMASTIPUR. 8. THE BLOCK EDUCATION EXTENSION OFFICER, PATORI, DISTRICT-SAMASTIPUR. 9. THE MUKHIYA, GRAM PANCHAYAT RAJ SHAHPUR UNDI, ANCHAL-PATORI, DISTRICT-SAMASTIPUR. 10. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ SHAHPUR UNDI, ANCHAL-PATORI, DISTRICT- SAMASTIPUR. 11. MD.AHMAD ALI, S/O MD.SUBHAN MIAN, R/O VILLAGE- IMANSARAI, P.S. AND BLOCK-PATORI , DISTRICT- SAMASTIPUR POSTED AS PANCHAYAT TEACHER IN GOVT.PRIMARY SCHOOL MAKTAB PURANI BAZAR, BLOCK-PATORI, DISTRICT-SAMASTIPUR. 12. MD. UMAR FAZAL AKRAM, S/O MD.KHURSHEED ALAM, R/O VILLAGE-DHARAMPUR BANDE, BLOCK-MORBA, DISTRICT-SAMASTIPUR, POSTED AS PANCHAYAT TEACHER IN NEWLY CREATED GOVT. PRIMARY SCHOOL, MUSLIM TOLA, SAHPUR UNDI, BLOCK-PATORI, DISTRICT-SAMASTIPUR. 13. GULREZ ARA, D/O LATE ABDUL HANNAN NAZM, R/O VILLAGE-ALAMGANJ, LOHARBA GHAT, P.S.-ALAMGANJ, DISTRICT-PATNA, POSTED AS PANCHAYAT TEACHER IN NEWLY CREATED GOVT. PRIMARY SCHOOL, MUSLIM TOLA, SHAHPUR UNDI, BLOCK-PATORI, DISTRICT- SAMASTIPUR AS PACNAHAYAT TEACHER. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Kumar Mishra For the Respondent/s : Mr. (Aag11) ====================================================== 5 11-07-2011 The petitioners are aggrieved by the order of the Collector, as contained in Annexure-14, and the order of the B.D.O., as contained in Annexures-15, 16 and 17, and the ultimate order of cancellation of appointment, as contained in Annexure-19, issued by the Mukhiya and Panchayat Secretary pursuant to above orders. Learned counsel for the petitioners submits that the orders passed by the Collector and the B.D.O. were in violation of Principles of Natural Justice and behind the back of the petitioners and without notice to them their appointments as Panchayat Shikshak have been cancelled. This submission of learned counsel for the petitioner is not denied by the respondents. In the circumstances, the impugned orders have to be quashed on account of said infraction of Principles of Natural Justice and the matter has to be remitted back for re- consideration. However, since, in the meanwhile, the statutory Appellate Authority has been constituted under the Rules by the State Government which exercises powers in the matter of consideration of service conditions of the Panchayat Teachers, it will be appropriate for the petitioners to file their representation before the said statutory Appellate Authority within four weeks from today. If they do so, the Appellate Authority shall issue notice to the concerned parties, shall call for the original records, if necessary, and shall decide the matter in accordance with law on its own merits, without being influenced or swayed away by the orders of the Collector or the B.D.O., within three months from the date of filing of such representation by the petitioners. For this purpose, the order of the Collector and the B.D.O. shall be treated to have been quashed by this Court in respect of the petitioners only. However, they will not be reinstated in service till the final orders are passed by the Appellate Authority. The writ application is disposed of with the aforesaid observations and directions. Arvind/ (Jayanandan Singh, J.)