RAM CHANDRA PRASAD SINHA, J.

1. In this writ application the petitioners have prayed for quashing the order contained in Memo No. 3577–3601 dated 13th July, 1981, issued under the signature of the District Superintendent of Education, Gopalganj (Respondent No.2) terminating the services of the petitioners as well as ordering them to deposit the entire amount of salaries received by them in Treasury, a true copy of which has been annexed as Annexure 4 to this writ application.

2. The petitioners have challenged the validity of Annexure 4 mainly on two grounds firstly, that Annexure 4 has not been passed by the competent authority and secondly that the order contained in Annexure 4 is penal in nature, but before passing the order, no opportunity either to explain or to show cause was given to them.

3. Petitioner No.1 was appointed by the competent authority as an assistant teacher in the primary school vide Memo No. 4096 dated 30th of April, 1966, a true copy of which has been annexed as Annexure 1 to this writ application. In pursuance of Annexure 1, petitioner No. 1 joined Uchhya Prathmik Vidyalaya, Nandpur, Anchal Basantpur, in Siwan district on 11.5.1966. At the time of in