IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.1078 of 2011
BHUPENDRA RAI @ BHUPNEDRA RAY, son of late Ram Bachchan
Rai, resident of village Sira, PO - Seotar, P.S. Atri, District - Gaya.
Versus
1. THE STATE OF BIHAR.
2. The Collector, District - Nawada.
3. The District Teacher Appointment Appellate Authority, Nawada,
Bihar.
4. The District Superintendent of Education, District - Nawada.
5. The Block Education Extension Officer, Warisganj Block, District -
Nawada.
6. The Panchayat Sevak, Gram Panchayat Dosut, P.S. Warisaliganj,
District - Nawada.
7. The Mukhiya, Gram Panchayat Dosut, Block Warisaliganj, P.S.
Warisaliganj, District - Nawada.
8. The Head Master, Nav Srijit Primary School, Jiyapur, P.S.
Warisaliganj, District - Nawada.
9. Smt. Kumkum Kumari, D/O Sri Narendra Prasad Singh, resident of
village Dumri, P.O. Sundari Dumri, P.S. Pakaribarawan, District -
Nawada.
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02. 27.1.2011 One of the primary contention at the bar on behalf of the
petitioner is that the impugned order contained in Annexure-8 dated
18.12.2010 has been passed by the District Teachers Employment
Appellate Authority, Nawada without any notice or hearing or right of
hearing has been afforded to the petitioner when the fall out of the said
decision is on the petitioner.
If what has been stated by the petitioner is correct, then it is
a serious issue because no authority much less a quasi judicial authority
ought to decide a matter detrimental to the interest of a person without
hearing or noticing him. Annexure-8 therefore is quashed.
Matter is remitted back to the appellate authority with a
direction that he will hear the petitioner afresh and pass an appropriate
order after hearing.
This is however subject to verification of the record on this
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issue at the level of the appellate authority.
The writ application is disposed of with above observation.
rkp ( Ajay Kumar Tripathi, J.)