IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2883 of 2009 YOGENDRA KUMAR SHARMA Versus THE STATE OF BIHAR & ORS ----------- 2 03.03.2009 Heard counsel for the petitioner and counsel for the respondents. An issue which is sought to be raised by the counsel for the petitioner before this Court against the impugned order dated 6.2.2009 has to be first raised by the appellate authority namely, the Commissioner-cum- Secretary of the Education Department. There is no denial to this fact that the petitioner belongs to a cadre of teachers of secondary school and is governed by Seva Shart Niyamabali Act, 1983. If the petitioner therefore has been removed from service by the disciplinary authority namely, Director Secondary Education, he has to move before the appellate authority who will take an over all situation and pass an appropriate order in accordance with law in exercise of his appellate power. The grievance of the petitioner that his date of birth as recorded in his Service book has been unilaterally changed from 1.1.1951 to 1.1.1947 in course of his removal from service with retrospective effect i.e. 31.12.2006 has to be decided in the light of the report of Bihar School Examination Board suggesting that earlier - 2 - his date of birth in the records was 1.1.1947 which was changed by the petitioner as 1.1.1951. Thus it would be upon for the petitioner to satisfy the appellate authority that such change in date of birth as recorded in the records of the Board was permissible as per the Rules of the Board. With the aforementioned observations and directions this writ application is disposed of. Bibhash (Mihir Kumar Jha, J.)