IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11421 of 2009 RAM SHARAN MANDAL, S/o Bishwanath Mandal, resident of village – Sinwari, P.S. Kursakanta, District – Araria. …. Petitioner. Versus 1. THE STATE OF BIHAR through the Secondary Education Bihar, Patna. 2. The Director, Primary Education, Patna. 3. The District Magistrate, Araria. 4. The District Superintendent of Education, District – Araria. 5. The Block Development Officer, Kursakanta, District – Araria. 6. The Bloock Education Extension Officer, Kursakanta, District – Araria. 7. Bimal Kishore Singhg S/o Late Baidhyanath Singh, Secretary Panchayat Raj Jagir Parasi Anchal + P.S. Kursakanta, District – Araria. 8. The Popularly Elected Mukhiya Gram Panchayat Raj Jagir Parasi Anchal + P.S. Kursakanta, District – Araria. ….. Respondents. For the petitioner : - Sri Ram Suresh Rai, Advocate Sri Anil Prasad Singh, Advocate. For the State : - Sri Sunil Kumar Mandal, S.C. -15 Dr. Abdus Shakoor, A.C. to S.C.-15. ----------- 02/ 30.10.2009 Heard counsel for the petitioner and counsel appearing for the State. Petitioner has prayed for quashing the order dated 3.12.2008 passed by the District Magistrate, Araria in Misc. Case No. 03/2008-2009 as the impugned order was passed by the District Magistrate after conducting random enquiry in the matters of selection and appointment of Panchayat teachers in Gram Panchayat Raj Jagir Parasi in the district of Araria, in the light of the direction of this High Court in C.W.J.C. No. 680 of 2008. Petitioner had earlier moved before this Court by filing C.W.J.C. No. 680 of 2008 as the Block Development - 2 - Officer, Kursakanta had directed for cancelling petitioner’s appointment as Panchayat teacher by holding an ex-parte enquiry on some vague allegations of irregularity in the selection process. The Block Development Officer in his order did not disclose as to who were the persons aggrieved, on whose complaint such an enquiry was initiated by the Block Development Officer and in an ex-parte enquiry order of termination was passed. The writ application filed by the petitioner was disposed of and the order of Block Development Officer was quashed, matter was remanded for re-determination of issue afresh, in accordance with law. In the light of the direction issued in the writ application, the District Magistrate, Araria himself conducted an enquiry, but in that enquiry specific case of the petitioner was neither considered nor decided. No finding was recorded, so far petitioner’s selection/appointment is concerned. There is no such finding that ignoring candidature of any eligible person, having better marks than the petitioner, or more capable for being appointed on the post, was ignored. The impugned order only discloses that a random enquiry was conducted. None of such persons, whose - 3 - appointments/selections were either noticed or given opportunity to fi8le any objection, defending their selection/appointment. Counsel for the petitioner submits that on the basis of some vague complaints and vague findings petitioner’s appointment, legally done observing all formalities has been cancelled by the authorities. The Block Development Officer had also not disclosed names of complainants due to which enquiry was conducted. Similarly, the District Magistrate also did not go into this question, that who were persons aggrieved on account of the appointment of petitioner and others in that selection process. Considering the vagueness of the complaints as well as vague finding recorded by the District Magistrate, which do not disclose any specific illegality committed by the Appointment Committee in the case of the petitioner. The impugned order dated 3.12.2008 passed by the District Magistrate, Araria in Misc. Case No. 03/2008-2009 is quashed. The Block Education Extension Officer, Kursakanta as well as Mukhiya and Panchayat Secretary, Gram Pancnhayat Raj Jagir Parasi, District – Araria are - 4 - directed to reinstate the petitioner and other similarly situated persons like the petitioner on his posts with all consequential benefits. DKS/ (Mridula Mishra, J.)