IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10456 of 2009 MD.MATLUB ALAM Versus THE STATE OF BIHAR & ORS ----------- 2 5.10.2009 Heard Counsel for the petitioner and the Counsel appearing for the State. This application has been filed for quashing order passed by Zila Teachers” Employment Appellate Tribunal, Kishanganj contained in memo no. 435 dated 30.6.2009, whereby appointment of the petitioner on the post of Panchayat Teacher has been cancelled. Petitioner was appointed as Panchayat Teacher in Motihara Taluka Panchayat considering his certificates of matriculation and Intermediate. The Appellate Tribunal while considering the case of the petitioner has considered the allegation regarding two different certificates of age of the petitioner given differently in both the certificates. In the first certificate, as alleged in the order, the date of birth was 13.7.1981 and considering his certificate of Inter- Madhyama Visharad he was appointed in a different school, but due to non-payment of salary he made an application for appointment in a different school and considering different certificate of Central Board of Higher Education, wherein his date of birth was mentioned as 25.3.1984, appointment was made. Counsel for the petitioner submits that though different allegations were made challenging petitioner’s appointment before the Appellate Tribunal, but his appointment had been cancelled for some different reason regarding which there were no allegations. No final - 2 - reason has been recorded, so far allegations are considered and proper opportunity was also not assigned to the petitioner by the Appellate Forum. The order impugned passed by the Appellate tribunal dated 30.6.2009 contained in memo no.435 is quashed. The matter is remitted back to the Appellate Tribunal, Kishanganj for recording a finding with regard to allegation of his two different certificates and two different date of births. Petitioner’s case is that he was not given any opportunity while passing the impugned order, as such the Appellate Tribunal will pass any order only after affording an opportunity of defending his case to the petitioner. The Appellate Tribunal will decide this matter within the statutory period from the date of petitioner’s appearance on receiving the notice issued by the Appellate Tribunal. (Mridula Mishra,J.) A.Kumar