IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3005 of 2010 1. ANAND KUMAR SINGH S/O YOGENDRA NARAYAN SINGH R/O DHENA, P.S.AZAMNAGAR, DISTT-KATIHAR------------------PETITIONER Versus 1. THE STATE OF BIHAR THROUGH SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVT. OF BIHAR, PATNA 2. DISTRICT MAGISTRATE KATIHAR 3. DISTRICT TEACHER NIYOJAN APPELLATE AUTHORITY KATIHAR 4. DISTRICT EDUCATION OFFICER KATIHAR 5. SUB-DIVISIONAL OFFICER BARSOHI, DISTT-KATIHAR 6. BLOCK DEVELOPMENT OFFICER null AZAMNAGAR, DISTT-KATIHAR 7. BLOCK EDUCATION EXTENSION OFFICER AZAMNAGAR, DISTT- KATIHAR 8. MUKHIYA GRAM PANCHAYAT KELBARI, P.S.AZAMNAGAR, DISTT- KATIHAR 9. SECRETARY GRAM PANCHAYAT KELBARI, P.S.AZAMNAGAR, DISTT-KATIHAR 10. HEADMASTER PRIMARY SCHOOL KELABARI, P.S.AZAMNAGAR, DISTT-KATIHAR 11. SHALENDRA PRASAD SINGH S/O RAM PRASAD SINGH R/O VILL KELABARI, P.S.AZAMNAGAR, DISTT-KATIHAR----RESPONDENTS With CWJC No.17229 of 2010 1. SHAILENDRA PRASAD SINGH S/O LATE RAM PRASAD SINGH R/O VILL.- KELABARI, P.S.- AZAM NAGAR AND DISTT.- KATIHAR------ -----------------------------------------PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY DEPARTMENT OF HUMAN RESOURCES, GOVERNMENT OF BIHAR, PATNA 2. THE SECRETARY DEPARTMENT OF HUMAN RESOURCES, GOVERNMENT OF BIHAR, PATNA 3. THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA 4. THE DISTRICT MAGISTRATE, KATIHAR 5. THE DISTRICT EDUCATION OFFICER, KATIHAR 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, KATIHAR 7. THE BLOCK EDUCATION OFFICER, AZAMNAGAR WITHIN THE DISTRICT OF KATIHAR 8. THE BLOCK EDUCATION EXTENSION OFFICER AZAMNAGAR WITHIN THE DISTRICT OF KATIHAR 9. THE BLOCK DEVELOPMENT OFFICER, AZAMNAGAR WITHIN THE DISTRICT OF KATIHAR 10. THE SUB-DIVISIONAL OFFICER, BARSOI, WITHIN THE DISTRICT OF KATIHAR 11. THE SECRETARY PANCHAYAT RAJ DEPARTMENT, BIHAR, PATNA 12. THE MUKHIA, KELABARI GRAM PANCHAYAT WITHIN AZAMNAGAR BLOCK, DISTT. - KATIHAR 13. THE PANCHAYAT SECRETARY KELABARI GRAM PANCHAYAT WITHIN AZAMNAGAR BLOCK, DISTT.- KATIHAR 14. ANAND KUMAR SINGH S/O YOGENDRA NARAYAN SINGH R/O VILL.- DHERA, P.S.- AZAMNAGAR AND DISTT.- KATIHAR--RESPONDENTS ----------- 4 16.5.2011 Both the writ applications are being heard and can be disposed of in the present stage itself under the circumstances to be noted below. - 2 - CWJC No. 17229 of 2010 has been filed by Shailendra Prasad Singh where the petitioner of CWJC No. 3005 of 2010 is respondent no. 14 and vice versa Shailendra Prasad Singh is respondent no. 11 in the writ application of Anand Kumar Singh. Learned counsel appearing on behalf of Anand Kumar Singh (CWJC No. 3005 of 2010) categorically states that the order in question passed by the tribunal has civil consequence to the petitioner but he was neither made a party to the case before the appellate authority nor he was heard on the issue. Confronted with this fact learned counsel for Shailendra Prasad Singh does accept that Anand Kumar Singh was not made a party. The necessary parties according to him were the Mukhiya and the Panchayat secretary who were the appointing authority. The fact is that the fall out of the order is directly on Anand Kumar Singh. In the opinion of the Court he was a necessary party and no adjudication ought to have been made in his absence. The order of the tribunal therefore suffers from serious vice and to that extent it is required to be interfered with. The order dated 22.12.2009 passed in Appeal No. 1682 of 2009 by District Teachers Appointment Appellate Authority, Katihar is hereby quashed. Matter is remitted back to the appellate authority to rehear the matter on merit after hearing the parties to the dispute and pass a fresh order. Let the appellate - 3 - authority with due cooperation of the parties adjudicate the matter at the earliest. Both the writ applications stand disposed of in the light of above. RPS (Ajay Kumar Tripathi,J.)