IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.390 of 2010 Arvind Kumar s/o Krishna Pd., r/o village + P.O. Barari, Katihar Versus 1. The State Of Bihar through the Principal Secretary, Human Resources Development Department, Patna 2. ]The Principal Secretary, Human Resources Development Department, Patna 3. The Director Primary Education, Govt. of Bihar, Patna 4. The District Officer, Katihar 5. The District Development Commissioner, Katihar 6. The District Superintendent of Education, Katihar 7. The B.D.O., Barari Block, Katihar 8. The BEEO, Barari Block, Katihar 9. The Panchayat Secretary, Gram Panchayat Raja Raunia, P.S. + Block Barari, Katihar 10. Smt. Samo Devi w/o Asharfi Rishi Mukhia, Gram panchayat Raj Raunia, P.S. + Block – Barari, Katihar 11. Ruby Kumar d/o Rajendra Pd. Yadav, r/o village Ghuaki, P.O. Guru Bazar, Gram Panchayat Raj Rauniya, P.S.+Block – Barari, Katihar ----------- For the appellant: Mr. Ramchandra Sahni, Advocate For the respondent no.11, Mrs. Brijita Prakash, Advocate For the State: Mr. S.K.Ghosh, AAG – II 4 20/4/2010 IA No.2120 of 2010 This is an application for condonation of delay of 43 days. Heard Mr. Ramchandra Sahni, learned counsel for the appellant, Mr. S.K.Ghosh, learned counsel for the State and Mr. Brijinta Prakash, learned counsel for the respondent no.11. 2 We are of the considered opinion that there is sufficient ground for condonation of delay and accordingly the delay is condoned. Interlocutory application stands allowed. LPA. No.390 of 2010 As we have condoned the delay, we are inclined to take up the matter for admission and final disposal. On consent of learned counsel for the parties, it is finally heard. Being aggrieved by the order dated 1.12.2009 passed by the learned Single Judge in CWJC. No.4973 of 2008, whereby he has upheld the appointment of Rubi Kumari, respondent no.11 in this appeal, and further upheld the cancellation of the order of appointment issued in favour of the present appellant, the present appeal has been preferred. When the matter was taken up on the last occasion, this court desired to know whether the District Teachers Employment Appellate Tribunal, Katihar (for short, the Tribunal’) had adjudicated the Appeal Case no.371 of 2009 and thereafter this court 3 requested Mr. Ghosh, learned Additional Advocate General, to assist the court. Today, records of the Tribunal have been produced before us . On a scrutiny of the order of the Tribunal, we find that it is absolutely cryptic and does not bear any character of an order because it is non-speaking and is totally bereft of reason. In view of aforesaid, we allow the appeal, set aside the order passed by the learned Single Judge and the order of the Tribunal and direct that the Tribunal shall decide the controversy by the end of June, 2010. To curt short the delay, it is directed that the present appellant, namely, Arvind Kumar and respondent no.11, namely, Ruby Kumari shall appear before the Tribunal on 10th May, 2010. On that day the Tribunal shall fix another date for hearing of the appeal. Needless to say, the Tribunal shall afford adequate opportunity to the parties and pass an order which would reflect germane and cogent reasons. That apart, the order passed by the Tribunal has to ascribe the reasons in an apposite manner so that the view taken by the Tribunal can be 4 appreciated by the superior court Mr. S.K.Ghosh, learned Additional Advocate General, undertakes to intimate the Tribunal about the direction passed by the court today and also apprise about the consequences if the order is not complied with. Till the matter is adjudicated by the Tribunal, status quo existing with regard to the post of Shiksha Mitra in Roniya Panchayat, District –Katihar shall be maintained. The appeal is allowed to the extent indicated above. There shall be no order as to costs. Let the original records of the Tribunal be returned to Mr. Ghosh, learned Additional Advocate General. A free copy of the order be handed over to Mr. Ghosh, learned Additional Advocate General – II, to do the needful in the matter. Neyaz/ (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)