IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12248 of 2010 MD.NAUSHAD ALAM s/o Md. Helaluddin, resident of village- Chakai, P.S. Jokihat, District- Araria. Versus 1. THE STATE OF BIHAR through the principal Secretary, H.R.D. (Education), Govt. of Bihar, New Secretariat, Vikas Bhawan,Patna. 2. The Director (Primary Education) HRD,Govt. of Bihar, New Secretariat, Vikas Bhawan, Patna. 3. The District Magistrate, Araria. 4. The District Superintendent of Education, Araria. 5. Member of the District Teacher Employment Appellate Tribunal, Araria. 6. The Block Development Officer, Jokihat, District- Araria. 7. The Block Education Extension Officer, Jokihat, District- Araria. 8.The Mukhiya Gram Panchayat Raj Chakai, P.S. Jokihat, District- Araria. 9. The Panchayat Secretary Gram Panchayat Raj Chakai, P.S. Jokihat, District-Araria. 10. Niyojan Samittee, Gram Panchayat Raj Chakai, P.S. Jokihat, District- Araria through its member. 11.Abdul Khalique s/o Md. Mansoor Alam, resident of village Ajhwa,P.S. Jokihat, District- Araria. ----------- For the Petitioner : Mr. N.K.Agrawal, Sr.Adv. For the State : Mr. Sanjay Kumar Sinha, S.C.-13 and Mr. Nityanand Mishra, A.C. to S.C. 13 2 6.8.2010 Petitioner is aggrieved by the order passed by District Teacher Appointment Appellate Tribunal, Araria in Case no. 48 of 2009, which has been communicated vide memo no. 679, dated 29.6.2010. Petitioner’s grievance is that he was selected for the post of Panchayat Teacher in the year 2006. He joined and was regularly working . In the year 2009, one Pankaj Kumar Sah and Md. Abdul Khalique filed application before the tribunal, which was registered as Case no. 48 of 2009 objecting to the selection as made in 2006. The tribunal called upon 2 Panchayat Secretary and the Mukhiya concerned and after hearing them and the two complainants passed impugned order setting aside ,inter alia, the selection of the petitioner. Mr. N.K.Agrawal, learned Senior Counsel in support of the writ petition has raised two principal questions of law. Firstly, he submits that the petitioner having been selected and appointed pursuant to Bihar Primary Panchayat Teacher(Employment and Service of Condition)Rules, 2006, objection, if any, has to be filed before the Block Development Officer in terms of rule 18, as if originally was , the same has to be filed within thirty days. No such objection was filed, It is only in the year 2009 almost three years after the selection ,objection has been filed before the tribunal after rule 18 was amended and Block Development Officer was substituted by the tribunal itself. That was also done in the year 2008 and the tribunal also has to entertain the appeal within thirty days of the cause of action and not after three years. This point has virtually be decided by this Court in several judgments including in the case of Alok Kumar & ors-v- State of Bihar & ors. since reported in 2009 (vol.2)PLJR 929. The second submission is more fundamental. He submits that the order of the tribunal is a quasi judicial order. It has serious civil consequences for the petitioner whose services are being terminated, yet the tribunal has chosen not to make petitioner as a party or hear. That renders the order void ab initio 3 being in violation of fundamental principle of natural justice. Having heard the parties and considered the matter, in my view, both the contentions as raised are correct. It is not open to the tribunal to entertain all or any grievance. There is a time schedule fixed of thirty days to raise a grievance. Normally beyond thirty days, if grievance is raised, the same cannot be entertained. The tribunal has failed to take note of this. Similarly right of hearing is concerned, this Court is surprised how the tribunal forgot this fundamental principle of natural justice that no person can be condemned without being heard. This renders the order void. In the facts aforesaid, I am left with no option but to set aside the order of the tribunal and remand the matter to the tribunal for fresh consideration in accordance with law. The writ petition is accordingly allowed. singh ( Navaniti Prasad Singh, J.)