IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. No.8322 of 2009 1. Rahul Raj, S/O late Punyadeo Pandey, resident of village Mahmda, P.S. Piprakothi, district East Champaran 2. Ashok Kumar Singh, S/O Sri Sidheshwari Singh, resident of village Math Banwari, P.O. Bathna, P.S. Pipra Kothi, district East Champaran 3. Babloo Kumar, S/O Sri Ram Pravesh Singh, resident of Mohalla Mishan Campus Amar Chhatouni, P.S. Muffasil, district East Champaran 4. Md. Sarfrazuddin, S/O Md. Shalauddin, Khan, resident of Mohalla Kanth Chapra P.S. Pipra, district East Champaran .. Petitioners Versus 1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna 2. The Director, Primary Education, Government of Bihar, Patna 3. The District Superintendent of Education, Motihari, East Champaran 4. The District Teachers’ Employment Appellate Authority, East Champaran, through its Member 5. The Block Development Officer, Kotwa, district East Champaran 6. The Mukhiya Bathna Panchayat, Block Kotwa, district East Champaran 7. The Panchayat Sachiv Bathna Panchayat, Block Kotwa, district East Champaran 8. Sri Ajay Shankar Mishra, S/O late Shambhu Nath Mishra, village Jeevdhara, P.O. + P.S. Pipra Kothi, district East Champaran 9. Sri Sujeet Kumar, S/O Rma Chandra Sharma, village, Kanth Chapra, P.O. Ashoki Pakri, P.S. Pipra, district East Champaran 10. Rajesh Kumar Sharma, S/O late Yamuna Sharma village Kanth Chapra, P.O. Ashok Pakri, P.S. Pipra, district East Champaran .. Respondents **** /2/ 20.07.2009 Heard the counsel for the petitioners and the State. 2. Respondent no. 9, Sri Sujit Kumar, has appeared through his counsel. Respondent no. 9 is one of the appellants before the District Teachers’ Employment Appellate Tribunal, East Champaran. Petitioners have filed 2 this application for quashing the order, contained in Letter No. 22, dated 08.06.2009, issued under the signature of the Mukhiya and Panchayat Secretary, Panchayat Raj Bathna, Block Kotwa, East Champaran, and also passed by the District Teachers’ Employment Appellate Authority, East Champaran, in Case No. 55 of 2008. The impugned orders have been challenged by the petitioners on the ground that it has been passed violating the principles of natural justice and also that findings recorded by the Appellate Tribunal is perverse, illegal and without jurisdiction. 3. On perusal of the order passed by the appellate forum, dated 01.04.2009, it is apparent that petitioners were not even impleaded as party, as such, there was no reason for issuing them any notice and providing without any opportunity to defend their case. Only Panchayat Secretary, Panchayat Raj Bathna was impleaded as a party. Admittedly, the impugned order is an ex parte order passed behind the back of the petitioners and taking away their vested right by cancelling their appointment. This is an order which is completely illegal and must go. The consequential order passed by the Mukhiya terminating the petitioners from service is also illegal as the Mukhiya also did not issue any 3 show cause from the petitioners. Both the orders are quashed. 4. The matter is remitted back to the District Teachers’ Employment Appellate Tribunal, East Champaran, for the purposes of fresh disposal of the appeal after impleading the petitioners as party, giving opportunity to them and only, thereafter, a reasoned order be passed in accordance with law. 5. Till the appeal is decided, the petitioners should be allowed to function as teachers on the post they are working. 6. With these observations and directions, this application is allowed. Cp:2/S.A. (Mridula Mishra, J.)