IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.1103 of 2009 IN CIVIL WRIT JURISDICTION CASE NO. 655/2008 WITH INTERLOCUTORY APPLICATION NO.5494 OF 2009 IN LETTERS PATENT APPEAL No.1103 of 2009 ============================================== 1. RAM NEWAS SINGH SON OF SRI SHIV PUJAN SINGH, RESIDENT OF VILLAGE-SONAPA, POLICE STATION- RAJPUR, DISTRICT-BUXAR, AT PRESENT HE IS MUKHIYA OF JALILPUR GRAM PANCHAYAT, P.S.RAJPUR, DISTRICT-BUXAR. 2. THE GRAM PANCHAYAT JALILPUR P.S.RAJPUR DISTRICT-BUXAR THROUGH IT MUKHIYA - Appellant (s) Versus 1. PUSHPA KUMARI WIFE OF SRI MANOJ KUMAR SINGH, RESIDENT OF VILLAGE-SONAPA, POLICE STATION- RAJPUR, DISTRICT-BUXAR 2. THE STATE OF BIHAR THROUGH THE SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. DISTRICT SUPERINTENDENT OF EDUCATION, BUXAR - Respondent(s) ============================================== Appearance : For the Appellants : Mr. RANG NATH CHOUBEY, ADVOCATE Mr. NIRAJ KUMAR, ADVOCATE For the Respondents : Mr. ANIL KUMAR ROY, ADVOCATE Mr. ASHUTOSH SINGH, A.C. TO GP-8 ============================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 4 28.09.2010 Re. Interlocutory Application No. 5494 of 2009:- Learned advocate Mr. Rang Nath Choubey is not present. This application under Section 5 of the Limitation Act is made by the appellants for condonation of delay of 89 days occurred in filing the above Letters Patent Appeal. On the facts and in the circumstances of the case, the delay in filing the Letters Patent Appeal is condoned. The Interlocutory Application stands disposed of. Re. Letters Patent Appeal No.1103 of 2009:- Though the Appeal is pending for more than a year, learned advocate for the appellants is not present. This Appeal preferred under Clause 10 of the Letters Patent arises from the order dated 21st April, 2009 made by the learned Single Judge in the above C.W.J.C.No.655 of 2008. The writ petitioner was appointed as a Shiksha Mitra under the respondent, District Superintendent of Education, Buxar. Her service was terminated by the appellant, 3 Mukhiya unilaterally without following due procedure. She challenged the order of termination in C.W.J.C. No. 655 of 2008. The challenge is upheld by the learned Single Judge vide order dated 21.04.2009. The learned Single Judge has set aside the order of termination on the ground of violation of principles of natural justice. It is not in dispute that the order of termination of service was made against the writ petitioner without following the principles of natural justice on the ground that the appointment of the writ petitioner was irregular. It cannot be gainsaid that even for setting aside an illegal order, the principles of natural justice is required to be followed. No case for interference is made out. The appeal is dismissed in limine. The writ petitioner, if not already reinstated by now, will be reinstated in service forthwith. The writ petitioner will also be entitled to the back wages from the date of termination of service till the date she is reinstated in service. Bibhash (R.M. Doshit, CJ.) (Jyoti Saran, J.)