IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11148 of 2010 1. MITHLESH KUMAR SINGH S/O PARAS NATH SINGH R/O VILL.- HASANPUR, NAYATOLA, P.S. SIDHAWALIA, DISTT.- GOPALGANJ, AT PRESENT SHIKSHA MITRA, UPGRADED MIDDLE SCHOOL, BALARA, ANCHAL- BARAULI, P.S.- SIDHAWALIYA, DISTT.- GOPALGANJ 2. RINKI KUMARI W/O PUNIT KUMAR THAKUR R/O VILL.- HASANPUR, NAYATOLA, P.S. SIDHAWALIA, DISTT.- GOPALGANJ, AT PRESENT SHIKSHA MITRA, UPGRADED MIDDLE SCHOOL, BALARA, ANCHAL- BARAULI, P.S. SIDHWALIYA, DISTT.- GOPALGANJ 3. KUMARI KIRAN W/O PRAMOD KUMAR R/O VILL.- HASANPUR, MATHIYA, P.S. SIDHWALIA, DISTT.- GOPALGANJ, AT PRESENT SHIKSHA MITRA, RAJYAKIYA PRIMARY SCHOOL HASANPUR MATHIYA, DISTT.- GOPALGANJ. VERSUS 1. THE STATE OF BIHAR 2. SECRETARY DEPARTMENT OF HUMAN RESOURCES, GOVT. OF BIHAR, VIKASH BHAWAN, PATNA 3. DIRECTOR PRIMARY EDUCATION, GOVT. OF BIHAR, VIKASH BHAWAN, PATNA 4. DISTRICT MAGISTRATE, GOPALGANJ 5. DISTRICT SUPERINTENDENT OF EDUCATION, GOPALGANJ 6. BLOCK DEVELOPMENT OFFICER, BARAULI, DISTT.- GOPALGANJ 7. MUKHIYA, GRAM PANCHAYAT RAJ, HASANPUR, DISTT.- GOPALGANJ 8. BLOCK EDUCATION EXTENSION OFFICER, BARAULI, DISTT.- GOPALGANJ 9. AREA EDUCATION EXTENSION OFFICER, BARAULI, DISTT.- GOPALGANJ 10. HEADMASTER UPGRADED MIDDLE SCHOOL, BALARA, ANCHAL BARAULI, DISTT.- GOPALGANJ 11. HEADMASTER RAJKIYA PRIMARY SCHOOL, HASANPUR, MATHIYA, DISTT.- GOPALGANJ ----------- 03 13.09.2010 The petitioners challenge the order dated 20.05.2010 passed by the District Magistrate-cum-Collector, Gopalganj. By the aforesaid order, in effect, the District Magistrate-cum-Collector, Gopalganj has held that his earlier order dated 19.02.2007 was a proper order and could not have interfered with or set aside by the - 2 - District Teacher Employment Appellate Authority, Gopalganj. It is submitted that the District Magistrate-cum-Collector, Gopalganj is not above the Tribunal rather it is the Tribunal that is above the District Magistrate-cum-Collector. Having considered the matter, in my view, the order of the District Magistrate-cum-Collector, as aforesaid, cannot be sustained. The order of the Tribunal may be right, wrong or in different, it is the final order. The District Magistrate-cum-Collector may be the Magistrate of the District but has no power to superintendence over the Appellate Tribunal. The Tribunal may have wrongly set aside the order of the District Magistrate but so long as the order of the Tribunal continues to operate the District Magistrate or that any authority of the State has no authority to set aside the said order of the Tribunal. In that view of the matter, I am unable to sustain the order of the District Magistrate-cum-Collector, Gopalganj, as contained in Annexure-8 aforesaid, being order dated 20.05.2010, which is accordingly set aside and the order of the Tribunal is restored. If anyone is aggrieved by the order of the Tribunal he has remedy as against that but surely the District Magistrate-cum-Collector has no jurisdiction to interfere in the matter. The writ petition is, accordingly, allowed. Trivedi/ (Navaniti Prasad Singh, J.)