Madhurendra Kumar Verma & Ors vs The State Of Bihar & Ors on 9 April, 2012

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Patna High Court - Orders

Madhurendra Kumar Verma & Ors vs The State Of Bihar & Ors on 9 April, 2012

Bench: Ajay Kumar Tripathi

   IN THE HIGH COURT OF JUDICATURE AT PATNA
               Civil Writ Jurisdiction Case No.194 of 2011
======================================================
1. Madhurendra Kumar Verma S/O Shambhu Saran Verma Resident Of
Village Shivganj, P.S. Shikarpur, District West Champaran.
2. Sunita Devi W/O Sitaram Chaudhary Resident Of Village Parsa, P.S.
Gaunaha, District West Champaran.
3. Anil Kumar Yadav S/O Nathuni Yadav Resident Of Village Shosha
Phulwaria, P.S. Meghwal Mathia, District West Champaran.
4. Chandresh Prasad Yadav S/O Late Bunni Yadav Resident Of Village
Matiaria, P.S. Lauriya, District West Champaran.
5. Ritu Kumari D/O Jata Shankar Thakur Resident Of Village Piprahia, P.S.
Nawalpur, District West Champaran.
6. Smiriti Kumari D/O Rajeev Kumar Resident Of Village Gaunaha, P.S.
Gaunaha, District West Champaran.
7. Nisha Kumari Srivastava D/O Late Yogendra Prasad Srivastava Resident
Of Village Raj Katcheri Narayanpur Ramnagar, P.S. Ramnagar, District
West Champaran.
8. Ranjana Kumari D/O Yogendra Patwari Resident Of Village Bhelahi,
P.S. Laukaria, District West Champaran.

                                                     .... ....   Petitioner/s
                                  Versus
1. The State Of Bihar
2. The District Education Employment Appellate Authority, West
Champaran, Through Its Member.
3. The District Magistrate, West Champaran.
4. The District Superintendent Of Education, West Champaran.
5. The Sub Divisional Educational Officer, Bettiah, West Champaran.
6. The Block Development Officer, Gaunaha, West Champaran.
7. The Block Education Extension Officer, Gaunaha, West Champaran.
8. The Mukhiya, Gram Panchayat Raj, Matiaria, P.S. Sonebarsa Matiaria,
District West Champaran.
9. The Panchayat Secretary, Gram Panchayat Raj, Matiaria, P.S. Sonebarsa
Matiaria, District West Champaran.
10. Meraj Ahmad Resident Of Village Sitapur, P.S. Shikarpur, District
West Champaran.
11. Akbar Ali S/O Islam Khalifa Resident Of Village Pakri Dhala, P.S.
Shikarpur, District West Champaran.
12. Mamta Kumari Resident Of Village Belsandi, P.S. Gaunaha, District
West Champaran.

                                                .... .... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satyavrat Verma
For the Respondent/s  : Mr. Ajay Bihari Sinha Sc19
======================================================
CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR
TRIPATHI
ORAL ORDER
       Patna High Court CWJC No.194 of 2011 (3) dt.09-04-2012                         2




3   09-04-2012

Whatever may be the merit based on which the District Teachers Appointment Appellate Authority, West Champaran was compelled to decide the issue as it did in the impugned order contained in annexure-2 but there seems to be some weight in the contention of learned counsel for the petitioner that since this order has civil consequence in the sense that they have been ordered to be removed and fresh counseling has been directed to be held, in absence of any notice or right of hearing afforded to them, therefore, the order suffers from a serious vice.

Though various affidavits on behalf of the respondents have been filed but no body seems to have denied this basic assertion that these petitioners were neither noticed nor heard before declaring their appointment to be bad so made by the Appellate Authority of West Champaran.

On this ground alone the impugned order contained in annexure-2 passed in case No. 541 of 2010 is hereby quashed. Matter is remanded back to the Appellate Authority. It will decide the issue afresh after hearing the petitioners in this regard. The petitioners must appear before the Appellate Authority with a copy of this order within two weeks from today and thereafter the Appellate Authority will fix an appropriate date for hearing the parties and decide the matter afresh. The Appellate Patna High Court CWJC No.194 of 2011 (3) dt.09-04-2012 3 Authority would make endeavour to see that the adjudication is made with due co-operation of one and all within a period of three months thereafter.

This writ application is allowed on the ground indicated above.

(Ajay Kumar Tripathi, J) Amin/-

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