IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5108 of 2009 BINAY KUMAR & ORS Versus THE STATE OF BIHAR & ORS ----------- 2. 22.04.2009 Heard learned Counsel for the petitioner and the learned Counsel for the State. The claim in this writ application is one for arrear of salary and to set aside the impugned order dated 14.4.2008 of the Block Development Officer setting aside the appointment of the petitioners on the post of Panchayat Shikshak. Specific pleadings has been made in Para 15 of the writ application that the impugned order is exparte in nature inasmuch as no notice was issued to the petitioners or an enquiry on the appointment and a show cause notice on the matters of illegality of appointment to enable to the petitioners to meet the same. The law stands well settled by now that an order adverse to a person visiting him with civil consequences like termination of service cannot be passed in violation of the principles of natural justice. If the State authorities insist on passing such orders notwithstanding the pronouncements of law repeatedly being made by the Courts on this simple aspect the Courts have no option but to set aside such orders passed contrary to law. This is on assumption of the correctness of the statements on oath in the writ petition. Whether the appointment was illegal or not is itself a subject of adjudication whereafter a reasoned order has to be 2 passed considering the defence of the person sought to be removed when question of judicial review may arise. In that view of the matter the order dated 14.4.2008 is set aside in so far as the petitioners are concerned. This shall however not result in any benefits to the petitioners by virtue of the impugned order being set aside. The order has been set aside on technicality to enable opportunity to the petitioners to meet any case against them. This Court therefore requires the petitioners to move the Appellate Authority within a period of two weeks by filing an appropriate application along with a copy of the present order. If the petitioners do not file such an application within a period of two weeks along with a copy of the present order, this order on the writ petition shall have no effect and there shall be no interference by this Court with the order of termination dated 14.4.2008, which shall continue to remain valid in law. The writ application shall then be deemed to be dismissed If the petitioners file an application within a period of two weeks along with a copy of this order, the Appellate Authority is required to decide and dispose the same after opportunity to all concerned by a reasoned and speaking order within the statutory time fixed in the rules creating the Authority. In order to prevent creation of a third party right and consequent complication in the likely event that the petitioners succeed this Court considers it proper to direct that until disposal of the matter by the Appellate Authority the respondents are prevented from making any fresh appointment 3 on the vacancy that may arise in consequence of the order dated 14.4.2008 in so far as the petitioners are concerned. The writ application stands disposed off. This Court considers it proper to pass an order of the present nature as otherwise to keep alive the lis this Court would have been required to stay operation of the impugned order of termination and adjourn the matter for filing of the counter affidavit. This Court is today hearing the writ petitions of 2001. This writ petition would then have remained pending with interim order for years which perhaps would have been prejudicial for the respondents also. Snkumar/- (Navin Sinha,J.)