IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8172 of 2007 1. MUNNI DEVI, W/O Shri Rajesh Prasad, resident of village- Machhauta, District-Siwan 2. Basanti Devi, wife of Shri Prithwi Ram, resident of village Loper, P.O. Ramsapur, District- Siwan 3. Sarwajeet Ram, son of Shri Ram Nath Ram, resident of village- Nawapur, P.O. Maharajganj, District-Siwan. 4. Kumari Meena Singh, wife of Shri Ramparson Singh, resident of village-Sawanbigrah, P.O. Maharajganj, District-Siwan 5. Kumari Malti, daughter of Rama Chaudhary, resident of village+P.O. Ramsapur, District-Siwan 6. Puspa Kumari, wife of Shri Rameshwar Bhagat, resident of village- Rula, P.O. Rula Bangra, District-Siwan 7. Ramesh Kumar , son of Shri Gama Chaudhary, resident of village+P.O. Ramsapur, District-Siwan 8. Sobha Kumari, daughter of Shri Anirudh Singh, resident of village- Sawanbigrah, P.O. Maharajganj, District-Siwan 9. Upendra Kumar Singh, son of late Sudarshan Singh, resident of village-Sawanbigrah, P.O. Maharajganj, District-Siwan ……………………………Petitioners. -Versus- 1. THE STATE OF BIHAR 2. District Magistrate , Siwan 3. Block Development Officer , Daronda 4. Block Education Extension Officer, Daronda 5. Mukhiya, Gram Panchayat , Ramsapur, Block Daronda 6. Principal Sachiva, Gram Panchayat , Ramsapur, Block-Daronda ……………………Respondents. ----------- 2. 18.02.2009 Heard learned counsel for the petitioners and the state. Grievance of the petitioners is that their appointments as Panchayat teachers have been declared illegal and their selection has been cancelled by order contained in Letter No. 539 dated 22.6.2007 issued by the Block Development Officer , Daronda, Siwan 2 The impugned order has been challenged by the petitioners on the ground that without any notice to them and without giving any opportunity to explain the situation in which they were appointed. They have been terminated from the service. Counter affidavit has been filed on behalf of the Block Development Officer, Daronda explaining the situation in which the impugned order has been passed. Complaint was made by some candidates regarding the illegality committed by the Selection Committee in selection of the candidates on the post of Panchayat teachers. An inquiry was conducted. On perusal of the records, it was found that illegalities have been committed in the appointment, as such, impugned order was passed. In the counter affidavit, nowhere, it has been stated that during inquiry, petitioners who had been selected as teachers and working against the post of teachers were noticed or given opportunity to participate in the inquiry. This is almost an admitted fact that on the basis of an ex-parte enquiry, the impugned order has been passed. Without going into the merit, simply on this ground that the impugned order has been passed in violation of principle of natural justice, the order contained in Memo No. 539 dated 22.6.2007 is quashed. 3 Now under 2008 Rules , the competent authority to conduct an inquiry in respect of such appointments, is the Tribunal under Rule 18 , as such, the matter is remitted back to the Tribunal constituted in the district under 2008 Rules. Notice be issued to interested persons including the petitioners, complainants, Mukhiya and the members of the Selection Committee. Everything should be considered on the basis of record as well as the statement of the parties and order be passed in this regard. Only when the order is passed in accordance with law, if necessary, processes for fresh selection should start. The order, on conclusion of inquiry, must be passed by the competent authority under the Rule 2008 within six weeks from the date of production/communication of the order. This application is disposed of with aforesaid observation. AKV/ ( Mridula Mishra, J )