GAUTAM KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, the State and for Respondent Nos. 4 and 5. The petitioner is aggrieved by order dated 13.5.2011 passed by the District Teachers Employment Appellate Tribunal, Bhojpur at Arrah in Appeal Case No. 14/10. It cancels the appointment of the petitioner and directs engagement of Respondent No. 5.

(2.) Learned counsel for both sides sought to persuade the Court to go into the merits of the matter and consider their claims and counter claims. The Court is satisfied that the stage for examining the merits has not arisen as the order suffers from apparent error in the decision making process.

(3.) The orders of the Tribunal are final. No appeal lies against it. The power for judicial review under Article-226 of the Constitution of India over the order of the Tribunal has appropriately to be confined first to infirmities in the decision making process. If the proceedings before the Tribunal culminating in an order suffer from apparent infirmity in the decision making process, that is sufficient to vitiate the order.