IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6309 of 2010 1. Vibha Kumari D/O Binod Prasad Gupta R/O Mohalla/ Village- Sahpur Undi, P.O.- Patori Cinema Chowk, P.S.- Sahpur Patori, Distt.- Samastipur Versus 1. The State Of Bihar 2. Through The Chief Secretary Old Secretariat, Govt. Of Bihar 3. The Education Secretary Government Of Bihar, New Secretariat Building, Patna 4. The District Magistrate, Samastipur 5. The District Education Officer Samastipur 6. The District Superintendent Of Education Samastipur 7. The Block Development Officer Patori, Samastipur 8. The Regional Area Education Officer Mouddinagar, Distt.- Samastipur 9. The Panchayat Sewak Gram Panchayat Raj Of Panchayat Hetanpur Block Patori, P.S. Sahpur, Patori, Distt.- Samastipur 10. Samsher Singh, At Present Posted At As Panchayat Sewak Gram Panchayat Raj Of Panchayat Hetan Pur Null Block Patori, P.S. Sahpur Patori, Distt.- Samastipur 11. The Mukhiya, Gram Panchayati Raj Of Panchayat Hetanpur Block Patori, P.S. Sahpur Patori, Distt.- Samastipur 12. Prithavi Das S/O Kankar Das R/O Hetanpur Dhamaun, P.O. Hetanpur Via Mahnar, P.S. Sahpur Patori, Distt.- Samastipur At Present Mukhiya Of Gram Panchayat Raj Of Panchayat Hetan Pur Block Patori, P.S. Sahpur Patori, Distt.- Samastipur ---------------------------------- with Civil Writ Jurisdiction Case No.15657 of 2009 1. Mamta Kumari D/O Nandlal Sah Vill.- Chandpur, P.S.- Patori, Distt.- Samastipur Versus 1. The State Of Bihar 2. The Secretary Human Resources Development Department, Government Of Bihar, Patna 3. The Director, Primary Education Government Of Bihar, Patna 4. The District Magistrate Samastipur, Distt.- Samastipur 5. The District Superintendent Of Education Samastipur, Distt.- Samastipur 6. The Block Development Officer Shahpur Patori, Distt.- Samastipur 2 7. The Block Education Extension Officer Shahpur Patori, Distt.- Samastipur 8. The Mukhiya Of Gram Panchayat Raj Hetanpur P.S.- Patori, Distt.- Samastipur 9. The Secretary Gram Panchayat Raj Hetanpur, P.S.- Patori, Distt.- Samastipur 10. Bibha Kumari D/O Sri Binod Prasad Gupta Vill.- Shahpur, P.S.- Patori, Distt.- Samastipur 11. The District Teacher Appointment Appellate Authority Samastipur Through Its Member ---------------------------------- 3 12.12.2011 In both the writ applications, the order of the Appellate Authority passed on 18.08.2009 in Appeal No.517 of 2009, is under consideration. Whereas the petitioner Vibha Kumari has filed the writ application for its implementation, petitioner Mamta Kumari has challenged the same and subsequent show cause notice issued to her by the Panchayat as annexed with her I.A. No. 1737 of 2010. The Appellate Authority in its order dated 18.08.2009 has found that the appointment of the Vibha KUmari was cancelled by the Panchayat for no rhyme or reason and, therefore, Mamta Kumari could not be appointed in her place. From the records, the Appellate Authority did not find any cogent reason for cancellation of appointment of Vibha Kumari by the successor Secretary. Hence, the Appellate Authority has directed 3 for reinstatement of Vibha Kumari with all consequential benefits and for steps to be taken for removal of Mamta Kumari, Mamta Kumari has therefore moved this Court challenging the consequential notices issued to her by the Panchayat. Learned counsel appearing for Mamta Kumari submits that before the Appellate Authority she had not been made a party and was not given any opportunity to be heard and she came to know about the order of the Appellate Authority only when she received notice from the Panchayat. If that is so, the proper course for Mamta Kumari would have been to move the Appellate Authority for recall of the order and for stay its operation with liberty to her to be heard in the matter. Instead of the same, she has straightaway come to this Court against the notice issued by the Panchayat in the matter. The grievance of the Mamta Kumari may be genuine, but the matter remains is that in case the entire records were not perused by the Appellate Authority or Mamta Kumari was not heard, the proper course can only be to direct the Appellate Authority to 4 re-consider the matter after giving opportunity to the Mamta Kumari. In the circumstances, both the writ applications are disposed of and it is directed that, if Mamta Kumari files application before the Appellate Authority within four weeks from today, the Appellate Authority shall entertain her application, shall peruse the records which she may place before it, shall also call for other records from the concerned Panchayat, shall also given opportunity to Vibha Kumari to be heard and then shall pass fresh orders in the matter. In the process, if Appellate Authority considers it appropriate it will stay the operation of its own orders passed earlier. In case, Mamta Kumari does not move the Appellate Authority within four weeks from today, all concerned officials of Panchayat and Government shall be obliged to complying with the order of the Appellate Authority dated 18.08.2009. Arvind/ ( J.N. Singh, J.)