IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13052 of 2009 1. PINKI KUMARI D/O PRAMOD KUMAR SINGH VILL-KALA PAHAR, P.S.-TANDWA, P.O.-KALAPAHAR TENDUA, DIST.-AURANGABAD ………PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE AURANGABAD 3. THE DISTRICT SUPERINTENDENT OF EDUCATION AURANGABAD 4. THE EDUCATION EXTENSION OFFICER NABINAGAR, AURANGABAD 5. THE BLOCK DEVELOPMENT OFFICER NABINAGAR, AURANGABAD 6. THE MUKHIYA OF RAM PANCHAYAT HARIHAR URDANA BLOCK NABINAGAR, AURANGABAD 7. THE SECRETARY GRAM PANCHAYAT HARIHAR URDANA BLOCK NABINAGAR, DIST.-AURANGABAD ………RESPONDENTS. ----------- 02/ 05.01.2010 Heard counsel for the petitioner and the State. Petitioner’s prayer is for quashing of the order dated 08.08.2009 passed by District Superintendent of Education, Aurangabad, contained in Memo No. 1451 whereby she has been terminated from the post of Panchayat Teacher, Primary School, Kala Pahar, in the district of Aurangabad. The impugned order has been challenged on the ground that it is completely without jurisdiction as well as issued in violation of rule of natural justice. The application is being disposed of giving liberty to the petitioner for filing an appeal before the District Teachers Employment Appellate Tribunal, Aurangabad as under rule 18 of Bihar Panchayat Primary Teachers (Appointment and Service Conditions) rule, a statutory remedy is available to the - 2 - petitioner which has not been exhausted. In case the petitioner prefers an appeal within one month from today that should be considered and decided on merit by the appellate Tribunal within the statutory period. Sanjeet (Mridula Mishra, J.)