IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3474 of 2011 UPENDRA MAHTO SON OF LATE SARYUG MAHTO, RESIDENT OF VILLAGE POKHRAIRA, P.S. SAMASTIPUR, DISTRICT SAMASTIPUR. …. PETITIONER. Versus 1. THE STATE OF BIHAR, 2. PRINCIPAL SECRETARY DEPARTMENT OF PANCHAYATI RAJ, GOVERNMENT OF BIHAR, PATNA. 3. DIRECTOR, DEPARTMENT OF PANCHAYATI RAJ, GOVERNMENT OF BIHAR, PATNA. 4. DEPUTY DIRECTOR, DEPARTMENT OF PANCHAYATI RAJ, GOVERNMENT OF BIHAR, PATNA. 5. DISTRICT MAGISTRATE, SAMASTIPUR. 6. ADDITIONAL COLLECTOR (LAND CEILING), SAMASTIPUR. 7. SUBDIVISIONAL OFFICER, SAMASTIPUR. 8. BLOCK DEVELOPMENT OFFICER, SAMASTIPUR. 9. ANUSHRAWAN PADADHIKARI, SAMASTIPUR. .. RESPONDENTS. ----------- 2. 01.03.2011. Heard learned counsel for the petitioner and the State. The petitioner is the Mukhiya Gram Panchayat Pokhraira, Block Samastipur, aggrieved by the order dated 10.2.2011 passed by the Principal Secretary under 18(5) of the Bihar Panchayati Raj Act, 2006 unseating him. Learned counsel submits that there were two charges. (a) irregularities in appointment of Panchayat teachers leading to the termination of 4 out of the 12 appointments, (b) non-payment of the appointed teachers. It is submitted that consequent to the termination of the aforesaid 4 teachers fresh appointments have been made by the Block Development Officer. The appellate tribunal on a challenge by the original four set aside their termination leading to unseating of the latter 4 fresh appointees consequent to the vacancies created earlier. They were dislodged after the original fresh appointees were taken back under the orders of the appellate tribunal. The latter questioned their removal before the appellate tribunal which dismissed the claim and hence the question of any payments to them does not arise. Counsel for the petitioner has fairly acknowledged that the petitioner in his reply to the show cause notice did not properly highlight these aspects but emphasizes that the orders of the appellate tribunal with regard to both the categories of teachers were appended to the show cause. Counsel for the State submits that the matter may be remanded to the Principal secretary. On the showing of the petitioner, if the two orders of the appellate tribunal, are already available on the record of the Principal Secretary alongwith cause shown by the petitioner as was submitted, let the Petitioner Secretary pass fresh finals orders within a maximum period of four weeks from the date of receipt or presentation of a copy of this order. The impugned order dated 10.2.2011 is technically set aside to facilitate the same. Any further developments with regard to the petitioner in context thereof shall therefore, necessary remains subject to the such final orders that may be passed by the Principal Secretary. The application stands disposed. Ibrar/- ( Navin Sinha, J.)