IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15222 of 2007 1. Rajani Kumari, D/o Shri Umesh Kumar, resident of Village Birpur Police Station Naubatpur, District-Patna. 2. Bipin Kumar, S/o Shri Bishundeo Prasad ‘Binod’ resident of Village Meghauna Police Station, Alauli, District-Khagaria. 3. Ranjana Kumari, D/o Shri Shaligram Singh resident of Village and Police Station Tikapatti, District-Purnia. 4. Neeraj Kumar, S/o Shri Hemant Kumar Gupta resident of Village & Police Station Falka, District-Katihar. 5. Sukriti Kumari, D/o Shri Amarendra Prasad Choudhary resident of Village Babhangama, Police Station Bihpur, District-Bhagalpur. 6. Pratibha Kumari, D/o Shri Ajay Kumar Gupta and W/o Shri Ranjay Kumar Gupta, resident of Village & Police Station Falka, District-Katihar. 7. Md. Ashique Raza, S/o Md. Altas Zoque, resident of Village Salehpur Maheshpur, Police Station Falka, District-Katihar. 8. Shanti Kumari, D/o Shri Umesh Chandra Mandal resident of Village Khaira Police Station Pothia, District-Katihar. 9. Sita Kumari, D/o Shri Chhathu Ram, resident of Village Gopalpatti, Police Station Falka, District-Katihar. …….Petitioners. Versus 1. The State of Bihar. 2. The Principal Secretary, Human Resources Development Department, Government of Bihar New Secretariat, Patna. 3. The Director Primary Education, Government of Bihar New Secretariat, Patna. 4. The District Superintendent of Education, Katihar. 5. The District Magistrate, Katihar. 6. The Block Development Officer, Falka, District-Katihar. …..Respondents. ----------- 02. 06.03.2009 Heard counsel for the petitioners and counsel appearing for the State. Petitioners’ case is that they had applied for the post of Panchayat Teacher in response to the vacancies advertised for appointment under Bihar Panchayat Primary Teachers (Appointment and Service Condition) Rules 2006. A five member committee was constituted under the Chairmanship of Mukhiya. Panels were prepared in terms of Rule and made public for inviting objections under rule 9(Kha) (vii) of 2006 - 2 - Rules. No objections were filed as such the panel was finalized observing the reservation roster. Appointment letters were issued to the petitioners and all of them joined at their respective places of posting. Subsequently some complains were received by the B.D.O. The B.D.O. noticed the members of the selection committee and the complainant’s. But so far petitioners, who were duly appointed, and already joined, were not noticed to show cause. They were not given any opportunity to participate in the inquiry. Finally on the basis of this ex parte inquiry, an order dated 10.10.2007 was passed by the Block Development Officer, Falka, Katihar cancelling appointment of the petitioners on the post of Panchayat Teacher. Petitioners were also not paid their salary in spite of their joining on different dates. It has also been submitted by the petitioners’ counsel that in spite of the issuance of impugned order of cancellation they are still working on their posts and in the second phase of appointment, these posts have not been shown vacant and advertised for appointment. It has been admitted in the counter-affidavit also that notice was issued only to the members of the selection committee and no notice was issued to the petitioners who were appointed by the five member selection committee. In this view of the matter without considering all other aspects since impugned order has been passed in - 3 - violation of rule of natural justice, the order can not be considered to have been passed in accordance with law. The Block Development Officer is presumed to be responsible officer even then he has stated that there was no requirement for issuing notice to the petitioners before cancelling their appointment. This is a settled law that once a person has been appointed on regular basis in a government employment he can not be terminated from service without holding proper inquiry or without giving an opportunity of hearing. In the facts and circumstances stated above, this matter is remitted back to the Tribunal constituted under 2008 Rules to inquire into allegation relating to appointment. The Tribunal will decide this matter giving opportunity to the concerned parties for filing show cause and also after giving opportunity of hearing. Any order retaining petitioners in service or canceling their appointment must be passed preferably within four months from the date of filing representation by the petitioners. In case petitioners are still continuing, status quo shall be maintained, till final order is passed. This application is allowed. Vikash/- (Mridula Mishra, J.)