High Court set aside the District Teachers Appointment Appellate Tribunal order for abdication of jurisdiction. It remanded the matter for a fresh reasoned order.
Order dated 25.9.2010 set aside; matter remanded to Tribunal for fresh reasoned order.
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Patna High Court CWJC No.12840 of 2012 (2) dt.25-07-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12840 of 2012
====================================================== 1. Zeba Noor D/O Md. Mohiuddin R/O Village- Chaklarsa, Post OfficeBhabhna, Police Station- Parsbigha, District- Jahanabad .... .... Petitioner/s Versus 1. The State Of Bihar Through The Principal Secretary Human Resources Development Department, Government Of Bihar, Patna 2. The Director, Primary Education, Government Of Bihar, Patna 3. The District Magistrate, Jehanabad, District- Jehanabad 4. District Teachers Appointment Appellate Authority Jehanabad Through Its Member 5. Additional Collector (Naxal) Jehanabad, District- Jehanabad 6. Block Development Officer Jehanabad, District- Jehanabad 7. The District Education Officer, Jehanabad, District- Jehanabad 8. Gram Panchayat Kalpa Block- Jehanabad Through Its Secretary 9. Head Teacher, Government Urdu Primary School Kajipur Toli, DistrictJehanabad .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Nand Kumar Singh For the Respondent/s : Mr. Rajesh Kumar Gp8 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER 2 25-07-2012 Heard learned counsel for the petitioner and the State. Assailing the order dated 25.9.2010 passed by the District Teachers Appointment Appellate Tribunal, Jehanabad in Case No. 402(03) of 2010 holding the appointment of the petitioner to be contrary to the roster, the short submission is that it is manifest that the Tribunal has abdicated its statutory jurisdiction in favour of the report submitted by the Block Development Officer and passed the order upon basis of the same without independent application
Patna High Court CWJC No.12840 of 2012 (2) dt.25-07-2012
of mind. There is no discussion how, why and what reasons the Tribunal itself was satisfied that the findings arrived at by the Block Development Officer meet its approval.
Counsel for the State prays for time to file counter affidavit.
On the face of the order of the quasi judicial authority, the Court is satisfied that it has completely abdicated its statutory jurisdiction in favour of the Block Development Officer. An order passed by a statutory authority at the behest of another without independent application of mind is void ab initio.
The order dated 25.9.2010 is accordingly set aside and the matter is remanded to the Tribunal for passing a fresh reasoned and speaking order to its own satisfaction.
The application is allowed.
P. Kumar/-
(Navin Sinha, J)
1 issue framed by the court
Whether the quasi-judicial order passed by the Tribunal without independent application of mind on basis of BDO report is void ab initio.
Zeba Noor
The State Of Bihar
The Director, Primary Education
District Magistrate, Jehanabad
District Teachers Appointment Appellate Authority Jehanabad
Additional Collector (Naxal) Jehanabad
Navin Sinha
As recorded by the court registry
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