IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8125 of 2008
Sushila Devi, wife of Shyamdeo Paswan, R/O
village Malhara, P.s. Dev, District- Aurangabad.
............. Petitioner
Versus
1.The State Of Bihar
2.Secretary, Primary Education, Govt. of Bihar, Old
Secretariat, Patna
3.Director, Primary Education, Govt. of Bihar, Old
Secretariat, Patna
4.Commissioner, Magadh Division, Gaya, District- Gaya
5.District Magistrate, Aurangabad, District-
Aurangabad
6.Sub-Divisional Officer, Aurangabad, District-
Aurangabad
7.Block Development Officer, Dev, Block Aurangabad
8.Block Education Extension Officer, Dev Block
District- Aurangabad
9.Mukhiya, Sargawan Gram Panchayat, Dev Block,
District- Aurangabad
10.Panchayat Secretary, Sargawan Panchayat, Dev
Block, District- Aurangabad.
............. Respondents
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with
Civil Writ Jurisdiction Case No.8309 of 2008
Shabana Ruby, Daughter of Md.Salim, resident of
Mohalla- Ganj Mohalla, P.S. Town Aurangabad,
District- Aurangabad.
…………. Petitioner
Versus
1.The State Of Bihar
2.The Secretary, Primary Education, Govt. of Bihar,
Old Secretariat, Patna
3.The Director, Primary Education, Govt. of Bihar,
Old Secretariat, Patna
4.The Commissioner, Magadh Division, Gaya, District-
Gaya
5.The District Magistrate, Aurangabad, District-
Aurangabad
6.The Sub-Divisional Officer, Aurangabad, District-
Aurangabad
7.The Block Development Officer, Dev, Block
Aurangabad
8.The Block Education Extension Officer, Dev Block
District- Aurangabad
9.The Mukhiya, Sargawan Gram Panchayat, Dev Block,
District- Aurangabad
10.The Panchayat Secretary, Sargawan Panchayat, Dev
Block, District- Aurangabad.
…………. Respondents
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with
Civil Writ Jurisdiction Case No.8349 of 2008
Shagufta Tabassum, wife of Md.Arshad Ali, resident
of village Kantari, P.O. Sargawah, P.S. Deo,
District- Aurangabad.
……….. Petitioner
Versus
1.The State Of Bihar
2.The Secretary, Primary Education, Govt. of Bihar,
Old Secretariat, Patna
3.The Director, Primary Education, Govt. of Bihar,
Old Secretariat, Patna
4.The Commissioner, Magadh Division, Gaya, District-
Gaya
5.The District Magistrate, Aurangabad, District-
Aurangabad
6.The Sub-Divisional Officer, Aurangabad, District-
Aurangabad
7.The Block Development Officer, Dev, Block
Aurangabad
8.The Block Education Extension Officer, Dev Block
District- Aurangabad
9.The Mukhiya, Sargawan Gram Panchayat, Dev Block,
District- Aurangabad
10.The Panchayat Secretary, Sargawan Panchayat, Dev
Block, District- Aurangabad.
…………. Respondents
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3. 11/08/2011 In these writ applications, petitioners
have challenged the order dated 20.2.2008
passed by the Block Development Officer,
Dev, as contained in Annexure-5 in all the
writ applications, by which their
appointments have been held illegal and have
been cancelled.
Learned counsel for the petitioners
submits that before passing of the impugned
order, petitioners were not given any notice
or any opportunity to file show cause or
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appear and present their case.
This fact is not disputed by the
respondents.
Hence, violation of Principles of
Natural Justice was sufficient ground to set
aside the order and remit the matter back to
the same authority for reconsideration and
passing fresh orders in accordance with law.
After complying with the Principles of
Natural Justice.
However, in the meanwhile, Rule 18 of
the Rules has been substituted by amendment
and instead of Block Development Officer, an
Appellate Authority has been constituted in
every district to hear the grievances and
complaints of Panchayat Teachers. Hence,
this Court considers it appropriate that the
petitioners should also move the concerned
Appellate Authority raising their
grievances.
In the circumstances, all the writ
applications are disposed of with liberty to
the petitioners to approach the concerned
Appellate Authority within four weeks from
today. If they do so, the Appellate
Authority shall issue notice to the
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respective parties giving them opportunity
to be heard, shall call for the original
records, if necessary, and shall decide the
matter in accordance with law, preferably
within a period of two months form the date
of filing of appeal by the petitioners. The
Appellate Authority shall examine the matter
on merits without being swayed away or
influenced by the said order of the Block
Development Officer and shall come to its
own findings.
Pradeep/ ( J. N. Singh,J.)