MOHD KALIMUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) By virtue of Annexure-7 appointment of the Petitioner on the post of a Panchayat teacher has been declared to be illegal and therefore set aside. The order in question is dated 15.6.2010 and has been passed by the Appellate Authority, Araria.

(2.) In the present writ application Petitioner has raised a grievance that a complaint was made by one Smt. Shashikala with regard to the manner in which appointment came to be made in Basaithi Gram Panchayat of Raniganj Block During the course of adjudication of such a complaint the appellate authority also came to a conclusion that appointment of the Petitioner was illegal because on the roaster point 660 only a woman coming from extremely backward class could be appointed but it is the Petitioner who had been appointed.

(3.) Irrespective of the fact or the finding which has been arrived at by the learned appellate authority, counsel for the Petitioner is correct if what he has stated in para 14 is treated to be a truthful statement. There is clear and categorical assertion made in the writ application that the appellate authority has erred by cancelling the appointment of the Petitioner without hearing him since no order can be passed against him having civil consequence, without giving opportunity of hearing then it is a good enough ground to interfere with the conclusion reached by the appellate authority.