Allowed

Amir Fatima v. The State Of Bihar and Ors.

Patna HC20 Nov 2013CWJC/16703/2012

Case brief

AI extract

What is this about?

The Patna High Court set aside an order of the District Teachers Employment Appellate Authority for violating the Principles of Natural Justice due to lack of notice to the petitioners, remitting the matter for fresh hearing.

What did the court decide?

The order of the Tribunal (Annexure-4) is set aside and the matter is remitted to the Tribunal for hearing the parties and passing fresh orders.

Amir Fatima Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16703 of 2012

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====================================================== 1. Amir Fatima W/O Md. Kaishar Fahim, R/o - Mohalla - Kotwali Chowk, Ward No. 30, Bhauara, P.S. - Madhuabani, Distt. Madhubani 2. Md. Naseem S/o Abdul Gaffar, R/o Vill. - Yamsam, P.S. - Pandaul, Distt. - Madhubani .... .... Petitioners Versus 1. The State of Bihar through Principle Secretary, Education Department, Patna, Bihar 2. The Director, Primary Education, Bihar, Patna 3. The District Education Officer, Madhubani 4. The Block Education Extension Officer, Pandaul, Dist. Madhubani 5. The Panchayat Sachiv, Gram Panchayat Raj, Dahiwat Madhopur Paschami, Block - Pandaul, Dist. Madhubani 6. The Mukhiya, Gram Panchayat Raj, Biraul, P.S. Pandaul, District Madhubani 7. District Teachers Appointment Appellate Authority, Madhubani 8. Shahadat Hussain S/o Md. Islam, R/o Village Sima, P.O.Tarsaray, P.S. Sakri, District Madhubani. 9. Shabana Khatoon D/o Abdul Hakim, w/o Sahdat Hussain, Resident of Village Sahuwa, P.O. Bhauara, P.S. Madhubani, District Madhubani present at village Sima , P.O. Tarsaray, P.S. Sakari, District Madhubani .... .... Respondents ====================================================== Appearance : For the Petitioners : Mr. Ram Shankar Das, Advocate For the State : Mr. S. Raza Ahmad AAG9 For Respondent Nos. 8 & 9: Mr. Hriday Narayan Harshit, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER

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9 20-11-2013 Petitioners have challenged the order of the District Teachers Employment Appellate Authority dated 06.09.2011, vide Annexure-4, solely on the ground that though petitioners had been appointed earlier, they were not noticed by the Tribunal before the appeal of the private respondents was allowed and they were directed to join on the posts held by petitioners. Thus, they have directly alleged violation of Principles of Natural Justice

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Patna High Court CWJC No.16703 of 2012 (9) dt.20-11-2013

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committed by the Tribunal.

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There is nothing in the order of the Tribunal nor there is anything on record to show that petitioners were noticed by the Tribunal and any opportunity of hearing was given to them by the Tribunal before the impugned order was passed.

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In the circumstances, solely on the ground of violation of Principles of Natural Justice, the said order of the Tribunal as contained in Annexure-4 is set aside and the matter is remitted back to the Tribunal for hearing the parties and for passing fresh orders in accordance with law.

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Since learned counsel for the private respondents as well as learned counsel for the petitioner are present in this Court and undertake on behalf of the parties that they will appear before the Tribunal on 2^nd of December, 2013 with a copy of this order, on which date the Tribunal shall fix a firm date of hearing in the matter with due notices to the Panchayat Secretary and shall hear the matter and dispose it of on merit in accordance with law. Obviously any payment to any of the parties shall await final orders of the Tribunal.

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This writ application is allowed to the extent, as indicated above.

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(Jayanandan Singh, J)

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B.T/-

Amir Fatima v. The State Of Bihar and Ors.

Case brief

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Amir Fatima v. The State Of Bihar and Ors.

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