IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15873 of 2008 Arun Kumar Albela, son of Sri Sonfi Prasad Yadav, Resident of Village and P.O. Nilkanthpur, P.S. Mahua, District Vaishali………………………………………………………..….Petitioner Versus 1. The State Of Bihar through the Chief Secretary, Bihar, Patna. 2. The District Magistrate, Vaishali at Hajipur. 3. The District Superintendent of Education, Vaishali at Hajipur. 4. The Block Education Extension Officer, Mahua, Vaishali 5. Head Master, Primary School, Nilkhanthpur, Mahua, Vaishali. 6. The Mukhia, Gram Panchayat Raj-Rampur Chandrabhan Dagru, P.S. Mahua, District Vaishali. 7. Shiv Pujan Rai, son of not known, the then Panchayat Secretary, Gram Panchayat Raj- Rampur Chandrabhan Dagru, P.S. Mahua, District Vaishali. 8. Kamal Prasad Singh, son of not known, the present Panchayat Secretary, Gram Panchayat Raj- Rampur Chadnrabhan Dagru, P.S. Mahua, District Vaishali…………………………………… Respondents ----------- 2 24.09.2010 Heard learned counsel for the petitioner as well as learned counsel for the State. By Annexure-1, petitioner has been communicated by the Panchayat Secretary, Gram Panchayat Rampur Chandrbhan Dagru that, as per orders of the District Superintendent of Education, his appointment as Panchayat Teacher is being cancelled. Learned counsel for the petitioner 2 submits that the District Superintendent of Education has no authority to pass orders for cancellation of his appointment. In the opinion of this Court, this matter can be well examined and considered by the statutory Appellate Authority constituted under Rule 18 of the Bihar Panchayat Prarambhik Shikshak (Niyojan Avam Seva Sart) Niyamvali, 2006 (as amended). However, learned counsel for the petitioner insists that the impugned order first may be quashed and then the matter may be remitted to the Appellate Authority. Therefore, for satisfaction of learned counsel for the petitioner, the impugned order is quashed. Petitioner is directed to file an appeal before the concerned Appellate Authority within one month from today. If an appeal is filed, the Appellate Authority shall call for the original records, examine the validity of appointment of the petitioner, hear him and the respective parties and pass final orders in accordance with law within the time prescribed under the Rules. It is made clear that till final 3 orders are passed by the Appellate Authority in the appeal of the petitioner, petitioner will not be entitled to join the post and he shall not be entitled to payment of salary as a consequence of quashing of the said letter of the Panchayat Secretary. It is made clear that this Court has not expressed any opinion with regard to the authority of the District Superintendent of Education, under the Act & Rules to issue such orders, which shall be considered by the Appellate Authority. The writ application is disposed of with the aforesaid observations and directions. BT (J. N. Singh, J.)