IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10824 of 2008 1. PRAMOD KUMAR, S/O SRI ANIMESH CHANDRA VERMA, R/O VILLAGE AND P.O.-SAMDA, P.S.- SOUR BAZAR, DISTRICT-SAHARSA. 2. GHANSHAYAM PASWAN, S/O SUBBA LAL PASWAN, R/O VILLAGE POST SAMDA P.S. SOUR BAZAR, DISTRICT-SAHARSA. …………PETITIONERS. Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF EDUCATION, GOVT. OF BIHAR, PATNA. 2. THE DIRECTOR DEPARTMENT OF PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, SAHARSHA. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, SAHARSA. 5. THE BLOCK DEVELOPMENT OFFICER, SOUR BAZAR, SAHARSA. 6. THE MUKHIYA, GRAM PANCHAYAT RAJ, CHANDRAPUR (WEST) BLOCK SOUR BAZAR, DISTRICT-SAHARSA. 7. THE SECRETARY, GRAM PANCHAYAT RAJ, CHANDAUR (WEST), BLOCK SOUR BAZAR, SAHARSA. 8. SITARAM KUMAR, S/O GHOLAT DAS, R/O VILLAGE-MAHESHPUR, P.O.-SAMADA, P.S.-SOUR BAZAR, DISTRICT-SAHARSA. …………RESPONDENTS. ----------- 2 26.09.2011 The two petitioners have challenged an order of the B.D.O., as contained in his letter dated 03.04.2008 (Annexure-1), by which upon the matter being remitted back by this Court, inquiry was held by him and orders were passed for cancelling the appointments of the petitioners. They have also challenged a communication of the B.D.O. (Annexure-2) of the same date issued to them informing about the cancellation of their appointments. Petitioners have taken a 2 specific plea in paragraph 19 of the writ application that prior to issue of the impugned order no show cause notice or any opportunity was given to them of hearing. The impugned order (Annexure-1) also does not show that any notice was given to the petitioners to show cause against allegations of their appointments being illegal. If a matter is remitted back by this Court for re-consideration and for fresh orders, that does not mean that the concern authority has a liberty to pass orders in violation of Principles of Natural Justice. In all matters, deciding the right of the parties the requirement of compliance of Principles of Natural Justice is inherent. The impugned order is apparently in violation of the same. In the circumstances, Annexure-1 and the consequential communication (Annexure-2) are quashed. Since, after the amendment of 2008 in the Rules, the B.D.O. has no powers to consider the matter of engagement or otherwise of the Panchayat Teachers, he is directed to transmit all the records 3 concerning the matter to the Appellate Authority constituted under the Rules within four weeks from the date of receipt/production of a copy of this order. On receipt of the records, the Appellate Authority shall issue notice to all the concerned parties including the Panchayat Teachers whose appointments are under challenge, giving them opportunity to be heard, shall call for the records from the Panchayat of the concerned selection process and shall decide the matter positively within three months from the date of receipt of the records from the office of the B.D.O./concerned authorities. Till the matter is finally decided afresh by the Appellate Authority, status quo as of today shall be maintained. However, the continuance of private respondents, who are said to have been appointed, shall be subject to final decision of the Appellate Authority. Arvind/ ( J.N. Singh, J.)