Pradeep Kumar And Ors vs State Of Bihar And Ors

Heard Mr. P.K.Shahi, learned Senior counsel for the petitioners as well as Mr. Jitendra Kumar Roy, learned Standing Counsel 13 for the State

through Video Conferencing.

Through this writ petition, petitioners have sought for quashing of order dated 16.9.2019 (Annexure 1) passed by the State Appellate Authority,

Bihar in Appeal No.216 of 2018, by which appointments of petitioners on the post of Panchayat Teacher/Block Teacher, have been cancelled.

Petitioners have also prayed for quashing subsequent orders of termination of services of the petitioners which have been passed pursuant to order

dated 16.9.2019 by way of filing Interlocutory Application No.1 of 2020.

It is submitted on behalf of the petitioners that the impugned order dated 16.9.2019, passed by the State Appellate Authority, Bihar is unsustainable

simply on the ground that the order has been passed without hearing the petitioners. It is further submitted that though the petitioners were noticed by

the State Appellate Authority, Bihar, Patna in Appeal Case No. 216 of 2018 but due to unavoidable circumstances, no appearance was filed on behalf

of the petitioners because the learned counsel for the petitioners, namely, Late Ranjan Kumar, to whom brief was handed over, died in the month of

February, 2019 and due to communication gap petitioners could not be heard while passing order dated 16.9.2019.

In view of the aforesaid submissions, the impugned order dated 16.9.2019 as well as consequential order dated 13.11.2029 (Annexure 21), order

dated 19.11.2019 (Annexure 22), order dated 13.12.2019 (Annexure 23) and order dated 13.12.2019 (Annexure 24), are set aside. The matter is

remanded to the learned State Appellate Authority, Bihar to pass fresh order after hearing all the parties.

Petitioners are directed to appear before the learned State Appellate Authority, Bihar along with a copy of this order within a period of four weeks

from today and the learned State Appellate Authority, Bihar is expected to dispose of the appeal after affording opportunity of hearing to all the parties

including the petitioners, preferably within a period of three months thereafter. Petitioners are at liberty to raise the issues contained in the writ petition

as well as the issue of delay in filing the aforesaid appeal, before the learned State Appellate Authority, Bihar.

However, in view of the fact that the impugned orders are being set aside on the ground of procedural infirmity, petitioners will not be reinstated in

service pursuant to this order and the same shall be subject to the final order passed by the learned State Appellate Authority, Bihar.

Writ petition as well Interlocutory Application No.1 of 2020 are allowed with the aforesaid observations.