Anita Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12632 of 2013 ====================================================== Anita Kumari D/O Sri Lalan Upadhya Resident Of Village + P.O. Baikunthpur, P.S. Sikraul, District - Buxar ... ... Petitioner/s

Versus

1. The State Of Bihar, Through The Secretary Cum Commissioner, Human Resources Developmennt Department Govt. Of Bihar, Patna

2. The District Magistrate, Buxar

3. The District Education Officer, Buxar

4. The Block Development Officer, Etarhi, Buxar

5. The Block Education Extension Officer, Etarhi Block, Buxar

6. The Member, District Teacher Employment, Appellate Authority Buxar

7. The Mukhiya, Gram Panchayat Raj, Barkagaon, Etarhi Block, Buxar

8. The Panchayat Secretary, Gram Panchayat Raj Barkagaon, Etarhi Block, Buxar

9. The Member Panchayat Samittee, Gram Panchayat Raj Barkagaon, Etarhi Block, Buxar

10. The Member Educatio Samittee, Gram Panchayat Raj Barkagaon, Etarhi Block, Buxar

11. Smt. Neeta Devi Wife Of Sri Shiv Shankar Upadhya Resident Of Village + P.O. Baikunthpur, P.S. Sikraul, District - Buxar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar Jha Mr. Amit Shankar For the Respondent/s :

Shilpi Keshri, AC to AAG-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 29-10-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is aggrieved by the order contained in Annexure-1 dated 17.4.2013.

Learned counsel appearing on behalf of the petitioner submits that in the instant case, the Appellate Authority proceeded on the premises that the notice was validly served on

Patna High Court CWJC No.12632 of 2013 dt.29-10-2018 2/2 this petitioner but in fact, notice was not served on the petitioner because of fraud practice in the matter of service of notice on this petitioner.

Considering the fact that order impugned was passed without hearing the petitioner, the writ petition is allowed. The order contained in Annexure-1 is hereby quashed. The matter is remitted back to the District Teachers Employment Appellate Authority who shall provide an opportunity of hearing to the petitioner as well as private respondents and after opportunity of hearing the petitioner and the private respondents, the Appellate Authority will pass fresh order in accordance with law within a maximum period of four months from the date of receipt/production of a copy of this order.

The court hope and trust that the parties will extend full cooperation in expeditious disposal of the appeal before the District Teachers Employment Appellate Authority after remand.

(Anil Kumar Upadhyay, J) Ravi/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 06.11.2018 Transmission Date