IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12734 of 2009 MD.WARISH KHAN, Son of Md. Abdul Ganni, resident of Village+P.O. & P.S.-Paliganj, District-Patna. ………Petitioner. Versus 1. The State of Bihar through the Secretary, Human Resources Development Department, Bihar, Patna. 2. The Director, Primary Education, Bihar, Patna. 3. The District Magistrate, Patna. 4. The Deputy Development Commissioner, Patna. 5. The District Superintendent of Education, Patna. 6. The Sub-Divisional Education Officer, Paliganj, District-Patna. 7. The Block Development Officer, Paliganj, District-Patna. 8. The Block Education Extension Officer, Paliganj, District-Patna. 9. The Mukhia, Nirakhpur Pali Panchayat-Cum-Chairman Panchayat Shikshak Selection Committee, Nirakhpur Pali Panchayat, Paliganj, District-Patna. 10. The Panchayat Secretary, Nirakhpur-Pali Panchayat Paliganj Block, P.S.-Paliganj, District-Patna. ………..Respondents. ----------- 2/ 15.12.2009 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner’s prayer is for quashing the order contained in Memo No. 03 dated 25.07.2008 whereby petitioner has been terminated from his service. The order of termination has been challenged by the petitioner on the ground that it is illegal, arbitrary and discriminatory as well as issue without following the rule of natural justice. Considering the fact that in the matters of termination, appointment or any service conditions, relating to the Panchayat/Prakhand Teacher, the power for consideration of such orders as vested under Rule 18 in the District Teachers Appointment Appellate Tribunal and remedy has not been availed by the petitioner. 2 This application is being disposed of giving liberty to the petitioner for filing an appeal, for quashing of the impugned order, before the District Teachers Appointment Appellate Tribunal. In case of filing such an appeal before the Appellate Tribunal, within one month, it should be considered and decided on merit within the statutory period. Sanjeet/ (Mridula Mishra, J.)