Rajeev Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 19826 of 2015 =========================================================== Rajeev Kumar S/o Late Sakhichandra Paswan, resident of village - Dilawarpur, Kati, Taiya, P.S. Munger, District - Munger.

.... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Department of Education, Bihar, Patna.

2. District Magistrate, Katihar.

3. District Programe Officer (Establishment), Katihar.

4. Block Development Officer, Azam Nagar, Block Azam Nagar, District - Katihar.

5. Blcok Education Officer, Azam Nagar, Block - Azam Nagar, District - Katihar.

6. District Education Officer, Katihar.

7. Mukhiya, Gram Panchayat Raj, Mukhiya Azam Nagar, Katihar.

8. Panchayat Secretary, Gram Panchayat Raj, Mukuriya, Azam Nagar, Katihar.

9. Principal, Primary School Madanpur, Dariyapur Azam Nagar, Katihar. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. D. K. Sinha, Sr. Advocate Mr. Ram Sumiran Rai, Advocate For the State :

Mr. Rakesh Prabhat, A.C. to S.C. 21 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 21-11-2017 Heard Mr. D. K. Sinha, learned senior counsel along with Mr. Ram Sumiran Rai, learned counsel for the petitioner and learned counsel for the State.

2. The petitioner has moved the Court against the order contained in Memo No. 313 dated 30.10.2015, passed in Appeal Case No. 50 of 2013, by the District Teachers Employment Appellate Authority, Katihar (hereinafter referred to as the 'Authority').

3. At the very outset, learned counsel for the petitioner

Patna High Court CWJC No.19826 of 2015 dt.21-11-2017 2/2 submitted that in view of the order impugned herein having been already set aside today by the Court in C.W.J.C. No. 9405 of 2016, the matter be disposed off in similar terms.

4. In view of the aforesaid, as the order has already been set aside on the short point of there being violation of principles of natural justice, as the petitioner of C.W.J.C. No. 9405 of 2016, was not a party or heard before the order was passed, which has also affected her adversely, the Court deems it appropriate to dispose off the case in similar terms.

5. Accordingly, Appeal Case No. 50 of 2013, stands revived and shall be reheard on merits after giving due opportunity of hearing to all concerned, including the petitioner of C.W.J.C. No. 9405 of 2016, and the remaining persons who are likely to be affected by any order passed.

6. The writ petition stands disposed off in the aforementioned terms.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U