IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12723 of 2007 ANIL KUMAR THAKUR Versus THE STATE OF BIHAR & ORS ----------- 4 14.5.2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is aggrieved by the order dated 9.4.2007 by virtue of which he is being relieved of his charge as Panchayat Secretary of Belsar Panchayat and asked to report at the headquarters of the Block by the Block Development Officer. Besides other submissions the primary contention of the petitioner is that this exercise of power by the B.D.O. is an illegal exercise and it is the District Magistrate who can take such decision because he is the cadre controlling officer. Other submissions and allegations which have been made may not be responded to this order. However this Court does notice the fact that in the affidavit filed by the Assistant Director, Department of Panchayati Raj, Government of Bihar this fact has been accepted that the District Magistrate, Vaishali in the present case is the cadre controlling authority of the Panchayat Secretary. The above fact is also reflected in a communication contained in annexure-8. This position having emerged from the pleadings of the State the Court directs the District Magistrate, Vaishali that he shall take cognizance of the order dated 9.4.2007 contained in annexure-1 to the writ application and he shall exercise due - 2 - authority as a cadre controlling officer to decide the issue of transfer and the positing of the petitioner as Panchayat Secretary. Let this exercise be completed within a period of three months from the date of production or communication of a copy of this order. The decision of the District Magistrate shall govern the posting as well as responsibility of the petitioner. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi, J.)