Patna High Court CWJC No.6558 of 2009 (4) dt.06-09-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6558 of 2009 ====================================================== Sweta Kumari .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Manish Kumar For the Respondent/s : Mr. (Gp1) Mr. Pramod Kumar Mr. Sunil Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 4 06-09-2011 Heard counsel for the petitioner and the counsel appearing on behalf of the State. Petitioner has filed this application for quashing the order dated 29.4.2009 passed by the District Teachers Appointment Tribunal, Sitamarhi. An appeal was entertained by the Tribunal on the complaint of Respondent no.8 Kumari Manju. Respondent No.8 has challenged the appointment of the petitioner and the Tribunal has passed the impugned order, cancelling appointment of the petitioner. Petitioner has challenged the impugned order on the ground that without giving any opportunity of hearing, petitioner’s appointment has been cancelled by the Tribunal, entertaining the appeal Patna High Court CWJC No.6558 of 2009 (4) dt.06-09-2011 preferred by respondent no.8. Counter affidavit has been filed on behalf of the State, denying the allegations made by the petitioner regarding the exparte order passed by the Tribunal. It has been stated that this order indicates that after hearing both the parties the order was passed. In order to examine the correctness of the matter, the connected records had been called for. The record indicates that none of the parties appeared before the Tribunal and filed vakalatnama. Petitioner had already worked for two and half years, when cancelling her appointment, respondent no.8 was directed to be appointed, even without giving any opportunity of hearing to the petitioner. Considering all these facts, the impugned order dated 29.4.2009 passed by the District Teachers Employment Appellate Tribunal, Sitamarhi is quashed. The matter is remitted back to the Tribunal for reconsideration and for passing order in accordance with law, after giving proper opportunity of hearing to the petitioner respondent no.8 Kumari Manju and other interested necessary parties. The records connected with the appointment must be called for. Both the parties will appear and file vakalatnama, in case being represented through their counsels. The Tribunal will pass Patna High Court CWJC No.6558 of 2009 (4) dt.06-09-2011 order in accordance with law, considering provision under Bihar Panchayat Teachers ( Appointment & service conditions) Rules, 2006. Final order must be passed by the Tribunal within twelve weeks from the date of issuance of notice to all concerned. The writ application stands allowed. Arun Kumar/- (Mridula Mishra, J)