IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11301 of 2008 Tarkeshwar Rai, son of Sri Bulaki Rai, resident of village Kotsa, P.S. Durgawati, District- Kaimur (Bhabua). ………….. Petitioner Versus 1.The State Of Bihar 2.The District Magistrate, Bhabhua 3.District Superintendent of Education-cum- Divisional Officer of Education, Bhabhua 4.The Block Development Officer, Durgawati, District- Kaimur (Bhabhua) 5.Mukhiya, Khandsara Panchayat, Durgawati, District- Kaimur (Bhabhua). ………. Respondents ---------------------------------- 2. 20/09/2011 By order of the Block Development Officer dated 9.6.2008, as contained in Annexure-2, appointment of the petitioner as Panchayat Teacher was cancelled on the ground that date of birth and year of passing of Matriculation Examination as per report of the Head Master was different from the date of birth and weightage given to him in the merit list for appointment. Learned counsel for the petitioner submits that the petitioner was not given any opportunity to show cause before cancellation of his appointment. Impugned order of the Block Development Officer also does not show that the petitioner was noticed in this regard prior to issue of said order. 2 In the circumstances, the said order of the Block Development Officer is quashed. The Block Development Officer is directed to transmit the complaint of Ras Bihari Prasad, on whose complaint order was passed, and all connected records to the Appellate Authority within four weeks from the date of receipt/production of a copy of this order. On receipt of the records, the Appellate Authority shall issue notice to the concerned parties including petitioner giving them opportunity to be heard, shall call for the records, if necessary, shall hold enquiry with regard to correct date of birth and qualification of the petitioner and shall pass appropriate orders in accordance with law within a period of three months from the date of receipt of the records from the office of the Block Development Officer/concerned authority. During this period, petitioner shall not be entitled to join his post and draw his salary, which shall depend on the orders of the Appellate Authority. Pradeep/ ( J. N. Singh,J.)