IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14584 of 2009 1. MD. IMAM HUSSAIN S/O HAJI GUL MOHAMMAD VILL.- SHIKORNA, P.S. & BLOCK- KADWA, DISTT.- KATIHAR …………….PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER CUM-SECRETARY HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 3. THE DIRECTOR (PRIMARY EDUCATION) GOVT. OF BIHAR, PATNA 4. THE DISTRICT MAGISTRATE KATIHAR 5. THE DEPUTY DEVELOPMENT COMMISSIONER KATIHAR 6. THE DISTRICT SUPERINTENDENT OF EDUCATION KATIHAR 7. THE DISTRICT EDUCATION OFFICER KATIHAR 8. THE DISTRICT TEACHERS APPOINTMENT APPELLATE TRIBUNAL KATIHAR 9. THE SUB DIVISIONAL EDUCATION OFFICER BARSOI, DISTT.- KATIHAR 10. THE BLOCK DEVELOPMENT OFFICER BLOCK KEDWA, KATIHAR 11. THE MUKHIYA OF GRAM PANCHAYAT RAJ TAIYABPUR P.S.- BALIA-BELON, BLOCK KADWA, DISTT.- KATIHAR 12. THE BLOCK EDUCATION EXTENTION OFFICER BLOCK KADWA, DISTT.- KATIHAR 13. THE PANCHAYAT SECRETARY OF GRAM PANCHAYAT RAJ, TAIYABPUR null P.S. BELIA-BELON, BLOCK KADWA, DISTT.- KATIHAR 14. MD. ISHTIAQUE ALAM S/O LATE ABDUR RAHIM VILL.- SHIKARPUR, P.S. BELIA- BELON, BLOCK KADWA, DISTT.- KATIHAR ……….RESPONDENTS. ----------- 02/ 04.02.2010 Heard counsel for the petitioner and the counsel appearing for the State as well as respondent no. 14, has already entered appearance through his counsel. Petitioner’s prayer is for quashing of the order contained in Memo No. 182/07 dated 15.07.2009, passed by the Member, District Teachers Appointment Appellate Tribunal, Katihar, in Appeal No. 1204 of 2009. By the impugned order, appointment of petitioner as Panchayat Teacher in Gram Panchayat Raj, Taiyabur, has been terminated. On perusal of the impugned order, I find that the Tribunal did not think it proper to issue notice to necessary parties and in absence of the petitioner, whose appointment was going to be - 2 - cancelled, impugned order has been passed. The order impugned is illegal as passed in violation of rules of natural justice. Accordingly, it is quashed. This matter is being remanded to the Member, District Teachers Appointment Appellate Tribunal, Katihar, for re-hearing of the case, after issuing notice to all necessary parties including the petitioner, Mukhiya and Panchayat Secretary of the concerned Gram Panchayat. The Member, District Teachers Appointment Appellate Tribunal, Katihar, will also call for the connected records of Panchayat Teachers’ selection only after giving proper opportunity of hearing to all concerned. Order will be passed by the Tribunal. The effort should be made by the Tribunal for disposal of the appeal within the statutory period. Since, the impugned order has been quashed, the petitioner will continue on his post, he was working. Sanjeet/ (Mridula Mishra, J.)