IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.110 of 2011 1. ANITA KUMARI D/O Sri Ram Pravesh Singh and wife of Sri Naresh Kumar Singh, resident of village – Uttarapatii, P.o. Lari, P.S. Shakurabad, District – Jehanabad. 2. Nitu Kumari, D/o Sri Satyendra Prasad, resident of village – Tarahua, P.O. Uber, P.S. Makhdumpur, District – Jehanabad. Versus 1. THE STATE OF BIHAR through the Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 2. Director, Primary Education, Govt. of Bihar, Patna. 3. District Superintendent of Education, Jehanabad. 4. District Teachers Employment Appellate Tribunal, Jehanabad through its Member. 5. Member, Teachers Employment Appellate Tribunal, Jehanabad. 6. Block Education Officer, Ratni Faridpur Block, District – Jehanabad. 7. Mukhiya, Gram Panchayat Murahara, Block – Ratni Faridpur, Jehanabad. 8. Panchayat Secretary, Gram Panchayat Murahara, Block Ratni Faridpur, Jehanabad. 9. Kumari Priya, D/o Shiv Prasad Bhuiyan, resident of village + P.O. Murahara, District – Jehanabad. ----- 02. 28.2.2011 A clear and categorical statement has been made in paragraph 9 of the writ application that based on a complaint made by private respondent No.9, an ex parte proceeding was held culminating into an order contained in Annexure-3 dated 4.11.2010, which had the effect of removal of the petitioners from the post and the petitioners were not even impleaded as a party and were heard on the issue. If the statement which has been made by the petitioners is accepted prima facie to be correct, then the decision contained in Annexure-3 cannot stand because no order can be passed against a person without being heard on the issue. 2 The matter is remanded back to the District Teachers Employment Appellate Authority, Jehanabad that they will give an opportunity of hearing to the petitioners after verifying the records that the petitioners were not impleaded as a party and no notice issued to them and if the same is found correct then a fresh order will be passed in this regard. If, however, it appears from the records that petitioners were party and notices had been issued to them and they have chosen not to appear or have avoided appearance then Anneuxre-3 will stand. The Court expects an early adjudication of the issue in view of what has been stated above. The writ application is disposed of with the above observation. rkp (Ajay Kumar Tripathi,J.)