IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9858 of 2008 1. Ramesh Kumar Singh, S/o Late Murli Prasad Sharma, resident of Village Bahuan, P.O. Khaira, P.S. Sonaha, District Kaimur (Bhabhua). 2. Reena, W/o Shri Ram Nath Singh Yadav, resident of village Khadiha, P.O. Jaitpur Kala, P.S. Bhagwanpur, District Kaimur (Bhabhua)……………………………………………………………Petitioners Versus 1. The State Of Bihar. 2. The District Magistrate, Kaimur (Bhabhua). 3. The District Superintendent of Education-cum-Sub-Divisional Education Officer, Kaimur (Bhabhua). 4. The Block Development Officer, Block Bhagwanpur, District Kaimur (Bhabhua). 5. The Block Education Extension Officer, Block Bhagwanpur, District Kaimur (Bhabhua). 6. Smt. Radhika Devi, W/o Rengai Singh, resident of village Bakhar Band, P.O. Jaitpur, P.S. Bhagwanpur, District Kaimur (Bhabhua). 7. The Panchayat Sevak of Panchayat Raj- Jaitpur, P.S. & Block Bhagwanpur, District Kaimur (Bhabhua)…………………………….…Respondents ---------------------------------- 3 05.09.2011 Heard learned counsel for the petitioners as well as learned counsel for the State. Petitioners are aggrieved by non- consideration of their cases for appointment on the post of Panchayat Teachers. Learned counsel for the petitioners submits that many complaints were filed in respect of selection process held in the 2 Panchayat which was enquired into and it was found that large scale irregularities had been committed in selection. However, he submits that the District Magistrate passed order rejecting all the complaints by ignoring the findings arrived at in the enquiry. Learned counsel for the respondents submits that in fact, District Magistrate had got another enquiry held and on the basis of the findings given in that enquiry, he passed the order. Learned counsel for the petitioners submits in reply that the enquiry report itself shows that second enquiry report was submitted to the District Magistrate after District Magistrate had passed the orders. Hence, that could not be taken into account by the District Magistrate. However, he submits that under the Rules, District Magistrate has no power to pass order cancelling the selection process of Panchayat Teachers in any manner. This submission of learned counsel for the petitioners is not refuted by learned counsel for the respondents. 3 In the circumstances, the order of District Magistrate dated 12.04.2008 as contained in Annexure-4 is quashed. The District Magistrate, Kaimur, Bhabhua is directed to remit all the concerned records including the enquiry report and complaint to the statutory Appellate Authority within one month from the date of receipt/production of a copy of this order. On receipt of the records, the Appellate Authority shall call for the original records from the concerned Panchayat, issue notice to the concerned parties giving them an opportunity to be heard and shall decide the matter in accordance with law on merits, without going into the question of limitation, positively within three months from the date of receipt of the records from the office of the D.M. and/or Government authorities. The writ application is allowed in the manner, as indicated above. BT (J. N. Singh, J.)