IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 9553 of 2010 1. USHA KUMARI D/O SHRI RAM KUMAR DUTTA R/O VILL.㳤 MARAUNA, P.S.- MARAUNA, DISTT.- SUPAUL Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVT. OF BIHAR, PATNA 3. THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA 4. DISTRICT SUPERINTENDENT OF EDUCATION, SUPAUL 5. B.E.E.O., MARAUNA, SUPAUL 6. DISTRICT TEACHER EMPLOYMENT APPELLATE AUTHORITY, SUPAUL 7. GRAM PANCHAYAT, MAURAUNA NORTH, SUPAUL THROUGH ITS PANCHAYAT SECRETARY 8. POONAM KUMARI W/O SURENDRA KUMAR SUMAN VILL.- AGARGARHA, P.S. MARAUNA, DISTT.- SUPAUL ----------- 2 16.07.2010 By this writ petition, petitioner has challenged the order dated 04.05.2010 passed by the District Teachers Appointment Appellate Tribunal, Supaul in Appeal No 496 of 2009. The grievance of the petitioner is that without being a party, without notice and without hearing her, her appointment has been cancelled. It is further submitted that in view of Clause 4 of Notification No 3716 dated 23.10.2008 of the State Government, the appeal not having been filed within 30 days of selection, the appeal itself not being maintainable, the order so passed is fit to be set aside. Having heard the parties, in my view, the writ petition must be allowed at this stage itself. From the complete ordersheet that has been annexed, it is clear that petitioner was never noticed rather the ordersheet discloses that first the Tribunal held that if it will be of the opinion that the appeal be allowed, the parties would be noticed but then parties are not noticed and on the day when Panchayat Secretary appears with the records, the matter 2 is heard and the order is passed ex parte as against the petitioner without even giving her a chance to contest the matter. On this short issue, I am left with no option but to set aside the impugned order and remand the matter for fresh consideration to the Tribunal upon hearing the parties and then passing a speaking order considering all the contentions as may be raised. As the petitioner is not aware of the proceedings and the allegations, the petitioner would file a copy of this order before the Tribunal within three weeks from today who would notice all the parties apart from petitioner in the matter and rehear the matter and decide the same in accordance with law afresh preferably within two months thereof. The writ petition is, accordingly, disposed of. M.E.H./ (Navaniti Prasad Singh)