IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1550 of 2008 1..SURENDRA KUMAR CHAUDHARY son of Anandi Prasad Chaudhary resident of Village Balua Kaliaganj P.S.Palasi district Araria. 2. Niraj Kumar Yadav son of Bhola Nath Yadav resident of Village Kalahi P.S.Palasi district Araria. 3.Suryanand Mandal son of Late Basudeo Mandal resident of Village Chainpur P.S.Terha Gachi District Kishanganj. 4. Alok Kumar son of Sri Lilanand Mandal resident of Village Pachira P.S.Raniganj District Araria. 5.Md. Adil Akhtar son of Abu Sayeed resident of village Bagna Terhagachi District Kishanganj. 6.Md. Junaid Alam son of Md. Mahtab Uddin resident of Village Khari Tola P.S.Terahgachi District Kishanganj. 7.Khushnuma Begum daughter of d. Ashfaque Alam wife of Md.Emran, resident of village Chandar Gau P.S.Terahgachhi District Kishanganj. 8.Hirmani Devi wife of Gopal Ram, resident of Village Bethari, P.S.Terahgachi District Kishanganj. 9.Sunita Devi daughter of Shri Ramdeo Das wife of Shri Sohan Kumar Das, resident of Village Jamuniuya P.S.Parbatta District Bhagalpur. 10.Md.Arshad Rabbani son of Md. Habib Alam resident of Village Jhiljhili P.S.Bahadurganj District Kishanganj. Versus 1. THE STATE OF BIHAR 2. The Secretary-cum-Commissioner,Human Resources Development Department, Government of Bihar, Patna. 3. The Director, Primary Education, Government of Bihar,Patna. 4. The District Magistrate,Kishanganj 5. The District Superintendent of Education,Kishanganj. 6. The Block Development Officer-cum-Appellate Officer, Panchayat (Primary Teacher Niyojan) Terahgachi District Kishanganj, 7. The Block Education Extension Officer,Kishanganj. 8. The Panchayat Secretary, Panchayat Raj Chilhania Panchayat, P.S.Terahgachi District Kishanganj. 9. The Mukhia of Chilhania Gram Panchayat cum President of Employment Selection Unit of Chilhania Gram Panchayat Terhagachi District Kishanganj. ----------- 5 6.2.2009. There are ten petitioners. Their common prayer is for quashing the letter dated 7.12.2007 contained in Memo no.1198 issued by the Block Development Officer-cum-Appellate Officer, Panchayat (Primary Teacher Nioyjan) Terhagachi District Kishanganj. - 2 - Petitioners case is that in response to general notice issued by the department of Primary Education, Government of Bihar for appointment of Primary teachers, Middle School teachers and Secondary School Teachers in the State, they also applied. A committee was constituted at Gram Panchayat level. This committee prepared a panel of 45 teachers and out of that 13 candidates were finally selected for the post of teachers in Primary School. Petitioners were also appointed as Primary teachers and joined their respective posts started discharging their duties. Suddenly vide order contained in Memo no.1198 dated 7.12.2007 their appointments have been cancelled. Petitioners grievance is that this order has been passed without giving them any notice or opportunity of being heard. They are completely unaware as to why their appointments have been cancelled. No counter affidavit has been filed on behalf of respondent State, but a counter affidavit has been filed on behalf of Panchayat Secretary and Mukhia, respondent no.8 and 9. In paragraph 8 of the counter affidavit filed on behalf of respondent no.8 and 9 it is admitted that 95 candidates had filed complaint before the B.D.O. On receiving such complaint all complainants were noticed and heard but no notice was issued to the persons who were appointed. The impugned order has been passed only after hearing the complainants. Considering this statement which corroborates the allegations made by the petitioners regarding violation of Rule of natural justice, the impugned order contained in Annexure-4 is - 3 - quashed. It is apparent that the complainants have already been heard as such the Block Development Officer,Terhagachhi is directed to issue a general notice to those who were earlier appointed, including the petitioners. A date should be fixed for their appearance to show cause affording an opportunity of hearing by the B.D.O. Terhagachhi. The B.D.O.Terhagachhi will pass an order afresh in accordance with law considering the statement of both the parties. The order must be passed by the B.D.O. in compliance of the direction of this Court within four weeks from the date of receipt/production/communication of this order. With the aforesaid direction/observations this application is allowed. Sss/- (Mridula Mishra, J)