Patna High Court CWJC No.11150 of 2011 (2) dt.09-08-2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11150 of 2011
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Niraj Kumar
…. …. Petitioner/s
Versus
The State Of Bihar & Ors
…. …. Respondent/s
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Appearance :
For the Petitioner/s : Mr. Vinod Gautam
For the Respondent/s : Mr. Kumar Sachin Gp24
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2 09-08-2011 Learned counsel for the petitioner is permitted to add
the Block Teachers Appointment Committee, Goria Kothi through
the Block Development Officer-cum-Authorised Officer as party
respondent no. 8 to the writ petition in the course of the day.
I.A. No. 5116 of 2011 has been filed for amending
the writ petition so as to quash the memo no. 442 /Goria Kothi
dated 21.7.2011 by which the petitioner along with another has
been relieved on the basis of the impugned order passed by the
District Teacher Employment Appellate Authority, Siwan.
On a consideration of the facts and circumstances of
the case, the prayer for amendment is allowed. I.A. No. 5116 of
2011 is accordingly disposed of.
Learned counsel for the petitioner submits that the
petitioner’s appointment has been cancelled by the District
Teachers Employment Appellate Authority, Siwan without issuing
Patna High Court CWJC No.11150 of 2011 (2) dt.09-08-2011
any notice and without giving opportunity of hearing to the
petitioner violating the principles of natural justice.
Issue notice to respondent nos. 4 to 8. Requisites both
under ordinary process and registered cover with A.D. must be
filed within one week failing which the writ petition as against
them shall stand rejected without further reference to a Bench.
Put up along with CWJC No.10748/2011 on
12.9.2011.
Four weeks time is allowed to learned counsel for the
State to the file counter affidavit in the matter which must among
other things, clearly state as to whether the petitioner was issued
any notice or given any opportunity of being heard before the
impugned order was passed by the Appellate Authority, by
bringing the necessary materials on the record.
In the meantime, the operation of the impugned order
dated 22.6.2011 of the District Teacher Employment Appellate
Authority, Siwan and the order dated 21.7.2011 of the Block
Education Officer, Goria Kothi shall remain stayed.
S.Pandey/- (Ramesh Kumar Datta, J)