High Court Patna High Court - Orders

Kiran Kumari &Amp; Ors vs The State Of Bihar &Amp; Ors on 26 April, 2011

Patna High Court – Orders
Kiran Kumari &Amp; Ors vs The State Of Bihar &Amp; Ors on 26 April, 2011
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CWJC No.15011 of 2010
                               KIRAN KUMARI & ORS
                                        Versus
                            THE STATE OF BIHAR & ORS
                                      -----------

2 26/04/2011 A categorical statement has been made on behalf

of the petitioners that the impugned order passed in

annexure-1 by the District Teachers Appointment

Appellate Authority, Araria is in breach of the principles

of natural justice in the sense that they were neither

noticed nor heard before the order having consequences

for them came to be passed.

If what has been stated is correct, then the entire

order will have to be setaside and the matter ought to be

remanded for fresh consideration but before doing so

learned counsel for the State must verify by procuring the

original record of the case in question as well as seek

instruction on the issue and file an affidavit whether the

petitioners were heard before passing of the order in

question or not.

Issue notice to respondent nos. 6 to 13 both

under registered cover with A/D as well as under

ordinary mode for which necessary requisites must be
-2-

filed within two weeks, failing which this writ

application shall stand dismissed as against them without

further reference to the Bench.

Let this matter come up after service of notice.

AMIN/                   (Ajay Kumar Tripathi, J.)