IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5465 of 2009 MD.NASIRUR RAHMAN & ORS Versus THE STATE OF BIHAR & ORS ----------- 2 4.5.2009 Heard learned Counsels for the petitioner, the State and for the Bihar State Madrasa Board. In view of the nature of the order to be passed, it is not considered necessary at this stage to issue notice to respondent Nos. 5 to 7. The petitioners who are Teachers in the Respondent Nos.5 and 6 Institutions were removed from service. The allegations were of alleged unauthorized absence. The matter traveled to the Bihar State Madrasa Board for approval which set aside the order of the termination on 1.2.2007. An appeal was preferred by respondent nos. 5 and 6 against the same. While the matter was pending in appeal the respondent Institution passed a fresh order of termination on 14.12.2008. Subsequently the appeal was withdrawn on 1.4.2009 by the respondent Institution. Learned Counsel for the petitioners submits that the fresh impugned order dated 14.12.2008 was done malafide and there was no occasion to do so in view of the pendency of the appeal by the Institution against the order dated 1.2.2007. Counsel for the Bihar State Madarasa Board submits that the order of their fresh termination has been sent to the Board for approval and is pending consideration. The writ application is disposed with the direction to the - 2 - Bihar State Madarasa Board to take a decision on the recommendation dated 4.12.2008 with regard to the petitioners after hearing all concerned by reasoned and speaking order within a maximum period of two months from the date of receipt/production of a copy of this order. The writ application stands disposed with the aforesaid direction. (Navin Sinha,J) A.Kumar