IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.379 of 2011 Janki Kumari & Ors Versus The State Of Bihar & Ors ----------- 2 12-7-2011 Heard learned counsel for the appellants and learned counsel for the State. On going through the order under appeal dated 25- 1-2011 whereby the writ petition preferred by four appellants was dismissed with a direction, it is found that the learned writ court has accepted that the order of removal from service passed against the appellants was in violation of rules of natural justice. The writ court had given an opportunity to the petitioners to satisfy the respondent in respect of legality or otherwise of their removal. But yet the writ application has been dismissed without any interference with the order of removal. It has rightly been submitted on behalf of appellants that the observation that the writ petitioner should be given an opportunity of hearing would be a mere formality if the order of removal from service passed against the appellants is not interfered with. Learned counsel for the State has submitted that the 2 writ court came to a correct conclusion that as per rules one year training did not confer eligibility upon the petitioners for appointment to the post of Panchayat/ Prakhand Shikshak and hence the writ petition should have been dismissed without grant of any opportunity of hearing to the writ petitioners when the writ court had itself come to a finding that the writ petitioners were not eligible to be appointed. Once a person is appointed to a post by the State or its authority, even if the appointment is illegal, the process of removal must be fair and after giving an opportunity of hearing . Such proposition of law is well settled by catena of judgments of this Court and that of the Supreme Court. In that view of the matter, without going into the submissions on merits, the writ petition and the appeal are allowed to the extent that the order of removal passed against the appellants shall remain in abeyance for a period of four months. If the appellants/ writ petitioners serve a copy of this order along with a representation against their removal before the disciplinary authority, who has issued the order of removal, the said authority shall give opportunity of hearing to the appellants/petitioners and set aside the order by passing a 3 fresh order in accordance with law within a period of four months. If the appellants do not co-operate with the disciplinary proceeding disabling the disciplinary authority to take decision within the time stipulated by this Court, appropriate decision may be taken ex-parte. The rights of the petitioners to receive wages or other benefits shall abide by the fresh order which may be passed by the disciplinary authority in accordance with law. The writ petition and the appeal are, thus, allowed to the aforesaid extent only. Naresh ( Shiva Kirti Singh, J.) ( Shivaji Pandey,J)