IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7045 of 2009 MD.UMAR ALI, S/O MD.OBAIS, R/O VILLAGE-JOGIA, P.S.-ALLAULI, DISTRICT-KHAGARIA. ……………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. SECRETARY, HUMAN RESOURCES, GOVT. OF BIHAR, PATNA. 3. DIRECTOR, PANCHAYATI RAJ, PATNA. 4. DISTRICT TEACHER ENGAGEMENT APPELLATE TRIBUNAL, KHAGARIA, THROUGH ITS MEMBER, KHAGARIA. 5. DISTRICT MAGISTRATE, KHAGARIA. 6. DISTRICT SUPERINTENDENT OF EDUCATION, KHAGARIA. 7. BLOCK DEVELOPMENT OFFICER, ALLAULI, DISTRICT-KHAGARIA. 8. PANCHAYAT SECRETARY, SAHASI GRAM PANCHAYAT RAJ, ALLAULI BLOCK, KHAGARIA. 9. MUKHIYA, GRAM PANCHAYAT RAJ, SAHASI, ALLAULI BLOCK, DISTRICT-KHAGARIA. 10.KRANTI KUMAR KAMAL, S/O KAMAL KISHORE SINGH PATEL, R/O VILLAGE AND POST-SAHASI, P.S.-ALLAULI, DISTRICT-KHAGARIA. ………………RESPONDENTS ----------- 3 18.08.2010 It is not disputed that the impugned order passed by the District Teachers Employment Appellate Authority, Khagaria dated 17.01.2009 cancelling the appointment of the petitioner was passed behind his back and without giving him opportunity to be heard in the matter. Learned counsel for the private respondents submits that earlier the Authorities of State had found the appointment of the petitioner illegal and had decided to cancel his appointment. - 2 - Fact remains that no formal order of cancellation of appointment of petitioner was issued prior to this order of the Appellate Authority. Therefore, it is only by the impugned order of the Appellate Authority that the petitioner’s appointment stands cancelled. Apparently, he has not been given any opportunity to be heard in the matter and was not noticed. In the circumstances, without going into the merits of the matter and only on the ground of violation of principles of natural justice the said order of the Appellate Authority dated 17.01.2009, as contained in Annexure-6, is quashed. The matter is remitted back to the Authority to decide it afresh after giving due opportunity to all the parties to be heard in the matter. The appeal should be heard and decided within time frame fix in the Rules for such consideration. The writ application is allowed with the aforesaid observations and directions. Arvind/ (J. N. Singh, J.)