IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2567 of 2009 Mirdula Kumari @ Mridula Kumari, daughter of Sri Shivaji Poddar (wife of Sri Pramod Kumar@Pramod Poddar) resident of village-Rajoura, Police station-Mufassil District-Begusarai. …………………………………………………. Petitioner Versus 1. The State of Bihar, through the Secretary, Department of Primary and Adult Education, Govt. of Bihar, Patna. 2. The District Magistrate-cum-Collector, Begusarai. 3. The Deputy Development Commissioner, Begusarai. 4. The District Panchayat Raj Officer, Begusarai. 5. The District Superintendent of Education, Begusarai. 6. The Block Development Officer (Begusarai Block), District-Begusarai. 7. The Block Education Extension Officer, Begusarai, District-Begusarai. 8. The Mukhiya, Gram Panchayat Raj, Rajoura, Police Station-Mufassil, District-Begusarai. 9. The Panchayat Secretary/Panchayat Sewek, Panchayat Raj, Rajoura, P.S.-Mufassil, District-Begusarai. 10. The Headmaster, Kanya Primary School, Sikandarpu (Rajoura), District-Begusarai. 11. Sri Rajeev Ranjan, son of Late Ramashray Singh, resident of village-Akhtiarpur, Police Station- Mufassil, District-Begusarai. ………………………………………………… Respondents ----------- 2 27/2/2009 Heard counsel for the petitioner and counsel for the State. What ever be the illegality alleged in the appointment of the petitioner, once she was appointed and had continued in service for a period of nearly five years, she could not have been removed from service on any ground without giving her a show cause notice and an opportunity of being heard. From perusal of the writ application it would appear that the 2 petitioner and one another similarly situated person had filed a petition before the LOKAYUKTYA and the LOKAYUKTYA had desired the Collector to look into the matter. The Collector, in fact, had handed over such enquiry to the Block Development Officer and the Block Development Officer having made his own analysis after collecting some report behind back of the petitioner had straight way accepted application of respondent no. 11 and passed order for cancellation of appointment of the petitioner and one another person on the ground of violation of some norms regarding roaster/reservation point. It is the case of the petitioner that she belongs to backward category, but then she had been placed in the panel as she had highest marks in her category and her appointment was made under the vacancy of lady candidate. This Court, in fact, is not willing to go into that aspect of the matter as to whether appointment of the petitioner was legal or illegal as there is no denial to 3 the fact that appointment of the petitioner was sought to be terminated without giving her any show cause notice and an opportunity of being heard. This Court therefore cannot sustain such order. Accordingly the impugned order passed on 17.12.2008 as contained in Annexure-14 is hereby quashed and the Panchayat Secretary of Rajoura Gram Panchayat is directed to send the complaint filed by respondent no.11 as also all the connected materials to the District Teachers’ Appellate Tribunal which would enquire into the allegations made by respondent no.11 and thereafter pass an appropriate order within a period of three months from the date the Panchayat Secretary would refer the matter to the District Teachers Appellate Tribunal. Till such a decision is taken by the District Teachers Appellate Tribunal even if joining of respondent no.11, has been accepted in terms of the impugned order as contained in Annexure-14, the same shall remain in abeyance. In the event appointment of the petitioner is 4 found to be illegal by the District Teachers’ Appellate Tribunal, the appointment of respondent no.11 shall become operative provided the District Appellate Tribunal finds case of respondent no.11 fit for such appointment. It goes without saying that as a consequential order passed by the Panchayat Secretary dated 17.12.2008 has been quashed on the ground of violation of principles of natural justice, even the earlier order passed by the Collector of Begusrai district in his memo no. 1670 dated 1.12.2008 would remain in-operative till the decision of the District Teachers’ Appellate Tribunal. With the aforementioned observation and direction this application is disposed of. (Mihir Kumar Jha, J.) Abhay Kumar