IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9746 of 2008 Nadeem Akhtar, son of Habibur Rahman, Resident of Village Marwa, Police Station Baisi, Block Baisi, District Purnea………………………………………………………………………Petitioner Versus 1. The State Of Bihar. 2. The District Superintendent of Education, Purnea. 3. The Block Development Officer, Baisi, Purnea. 5. The Block Education Extension Officer, Baisi, Purnea. 5. Md. Nazim Alam, S/o Abad Ali, R/o Village Majlishpur, P.S. Baisi, District Purnea. 6. Zulfaquar Alam, S/o Late Shamsuddin, R/o Village Marwa, P.S. Baisi, District Purnea……………………………………………………………….Respondents ---------------------------------- 3 05.09.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. In this writ application, petitioner has challenged an order dated 20.06.2008 passed by the Block Development Officer, as contained in Annexure-1, by which his engagement as Shiksha Mitra in 2003 has been found illegal. Consequently, it has been held that his re-engagement and appointment as Panchayat Teacher under 2006 Rules as amended in 2008 are also invalid. Learned counsel for the petitioner has placed the entire impugned order before this Court. 2 From the order it does not appear that any notice whatsoever was issued to the petitioner and he was given any opportunity to be heard or to file any show cause. The order also shows that on the basis of only factual aspect, initial appointment of the petitioner itself has been found invalid. Though a counter affidavit has been filed on behalf of the respondents in this case, there is nothing therein to show that before the impugned order was passed, respondents had complied with the Principles of Natural Justice. In the circumstances, the impugned order of the Block Development Officer as contained in Annexure-1 is quashed. As a result of quashing of the impugned order, the proceeding before him revives. Hence, he is directed to transmit the entire records connected with the matter to the statutory Appellate Authority now constituted in terms of 2008 Amendment in the Rules positively within one month from the date of receipt/production of a copy of this order. On receipt of the records, the 3 Appellate Authority shall call for the original records from the concerned Panchayat, issue notice to the concerned parties giving them an opportunity to be heard and shall decide the matter in accordance with law on merits, without going into the question of limitation, positively within three months from the date of receipt of the records from the office of the B.D.O. Till then, status quo as obtaining today shall be maintained. The writ application is allowed in the manner, as indicated above. BT (J. N. Singh, J.)