IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9647 of 2008 SANYUKTA, W/O NARESH KUMAR, D/O JAI NARAIN BHAGAT, R/O MOFARGANJ, NEAR F.C.I., P.O. AND P.S.-KATIHAR, DISTRICT-KATIHAR.………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. DIRECTOR, PRIMARY EDUCATION, GOVERNEMNT OF BIHAR, PATNA. 4. DEPUTY DIRECTOR, PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA. 5. DISTRICT MAGISTRATE, KATIHAR. 6. DEPUTY DEVELOPMENT COMMISSIONER, KATIHAR. 7. DISTRICT SUPERINTENDENT OF EDUCATION, KATIHAR. 8. BLOCK DEVELOPMENT OFFICER, KATIHAR BLOCK, KATIHAR. 9. BLOCK EDUCATION EXTENSION OFFICER, KATIHAR BLOCK, DISTRICT KATIHAR. 10. PRAMUKH CUM CHAIRMAN BLOCK LEVEL TEACHERS APPOINTMENT COMMITTEE, BLOCK KATIHAR, DISTRICT-KATIHAR.……RESPONDENTS. ----------- 2 12.09.2011 The order of the then Appellate Authority, the Deputy Development Commissioner, as contained in Annexure-6, is in favour of the petitioner. He has directed the last person appointed to be removed, but did not issue any order for appointment of the petitioner only on the ground that there was a ban by the Department. Learned counsel for the petitioner submits that in other blocks teachers were appointed and there was no ban. With regard to removal of the last person, he submits 2 that he could not get any instructions from the petitioner as to whether that the part of order of the Deputy Development Commissioner has been complied with or not. In normal course, this Court would have referred the matter to the Deputy Development Commissioner to see to it that his order was complied with. However, due to amendment in the Rules, the Deputy Development Commissioner has been absolved off from the powers of the Appellate Authority. Therefore, the Deputy Development Commissioner cannot pass any follow-up orders now for compliance of his earlier orders. Hence, petitioner has to move the present Appellate Authority which has the jurisdiction to get the valid orders of the earlier Appellate Authority implemented. In the circumstances, if the petitioner appears before the Appellate Authority constituted under the Rules after 2008 amendment, the Appellate Authority shall examine whether the orders of the earlier Appellate Authority i.e. the Deputy Development Commissioner dated 30.01.2008 are still in operation, or not. If it is, it will 3 be its duty to get the said order implemented as soon as possible and preferably within two months from the date of receipt/production of a copy of this order. The writ application is disposed of with the aforesaid observations and directions. Arvind/ ( J.N. Singh, J.)