IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14547 of 2008 Kumari Pratibha, Daughter of Bhola Ram resident of Mohalla Purani Jail Road Town, Nawadah Police Station and District Nawadah, the then Assistant Teacher (Panchayat Sahayak Sikshak) Prathmik Vidyalaya Gogan within the Jurisdiction of Gram Panchayat Mallickpur Nemadarganj, Prakhand Akbarpur, District Nawadah…………………………Petitioner Versus 1. The State Of Bihar (through Commissioner-cum- Secretary, Human Resources Development Department, Government of Bihar). 2. Prakhand Vikash Padhadhikari Sah Prakhand Sikshak Niyojan Ke Apiliya Padadhikari Akbarpur, District Nawadah. 3. Block Education Extension Officer, Akbarpur, District Nawadah 4. Block Agriculture Extension Officer, Akbarpur, District Nawadah. 5. Prakhand Panchayati Raj Padadhikari Akbarpur, District Nawadah. 6. Panchayat Sewak, Gram Panchayat Mallickpur, Nemadariganj, Police Station Akbarpur, District Nawadah. 7. Mukhiya Gram Panchayat Mallickpur, Nemadariganj, Police Station Akbarpur, District Nawadah. 8. Zila Shiksha Adhikshak, Nawadah. 9. Additional Collector – cum - Nodal Officer, Nawadah. 10. The District Collector, Nawadah…Respondents ---------- 3 17.11.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. In this writ application, petitioner has challenge an order dated 07.03.2008, as contained in Annexure-1, by which services of the petitioner as Panchayat Teacher has been terminated in the light of earlier report of the previous Block 2 Development Officer, Akbarpur contained in the letter dated 12.12.2007 in which upon enquiry it was held that due notice was not given to all the candidates empanelled for appearance in the counselling. Learned counsel for the petitioner submits that neither in the enquiry nor before the impugned order was passed, petitioner was ever given any notice to show cause or any opportunity to defend his appointment. He submits that in the circumstances, the impugned order suffers from complete violation of Principles of Natural Justice. The writ application was filed on 22.09.2008 with service of two copies of the same in the office of the learned Advocate General. However, till today no counter affidavit has been filed. The impugned order of the Block Development Officer does not show that before impugned order was passed, any show cause notice was issued to the petitioner. In the circumstances, the impugned order suffers from complete violation of Principles of Natural Justice. The same is, 3 therefore, quashed. The Block Development Officer/concerned authority is directed to transmit all the records including complaint of the complainant, any enquiry report etc. to the statutory Appellate Authority positively 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 petitioner as well as complainant and other candidates giving them opportunity to he heard, shall call for the original records to ascertain the validity of procedure adopted for appointment and shall decide the matter in accordance with law on merits positively within three months from the date of receipt of the records from the office of the Block Development Officer or the concerned authority. The Appellate Authority shall decide the matter on merits on the basis of the records and shall not be swayed away by the impugned order of the Block Development Officer. However, it is made clear that till final fresh orders are passed, petitioner shall not be entitled to join her post and 4 shall not be entitled for salary of the intervening period. However, petitioner may file an application before the District Programme Officer for payment of her arrears of salary for the period she had actually worked before she was terminated from her service. If she does so, District Programme Officer shall make an enquiry with regard to validity of appointment of the petitioner and her actual functioning in the school and pass an appropriate order in the matter in accordance with law preferably within two months from the date of receipt/production of a copy of this order. The writ application is disposed of with the aforesaid observations and directions. BT (J. N. Singh, J.)