IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16059 of 2008 SUNIL KUMAR & ORS Versus THE STATE OF BIHAR & ORS ----------- 3 6.7.2009. Petitioners have filed this application for quashing the order contained in Memo no.1623 dated 10.9.2008 issued by the Block Development Officer, Bidupur whereby he has dismissed the petitioners from their service in exercise of power under Section 18 of the Bihar Panchayat Elementary Teachers Service and Recruitment Rules 2006. Petitioners case is that Bihar Panchayat Elementarya Teachers Service and Recruitment Rules 2006 was amended by notification no.3148 dated 25.8.2008. On account of this amendment Rule 18 was amended and power of appeal earlier vested in the Block Development Officer was delegated to the District Appellate Tribunal constituted by the Government of Bihar. Subsequent to this amendment the Block Development Officer was not competent to exercise the appellate power as such the impugned order dated 10.9.2008 is illegal and completely without jurisdiction. Counsel for the State however tried to emphasize that the order has not been passed on 10.9.2008 rather the issue was decided by the Block Development Officer prior to amendment on 5.2.2008. From perusal of the impugned order dated 10.9.2008 it transpires that the Appeal no.03 of 2007-08 instituted by applicant Seema Yadav was decided by order dated 5.2.2008. Subsequently on 26.6.2008 Nawal Kumar Singh filed an application regarding non 2 compliance of the order dated 5.2.2008 and thereafter the present order dated 10.9.2008 was passed dismissing the petitioners from their service. This order was passed under the provision of Rule 18 of Bihar Panchayat Elementary Teachers Service and Recruitment Rules 2006. Under the amended Rule 2008 all pending appeal before the Block Development Officer on the date of notification i.e. 25.8.2008 should have been transferred to the District Appellate Tribunal. In this view also the impugned order is completely without jurisdiction as such it is quashed. However, in case by order dated 5.2.2008 also petitioners services were cancelled, in that case they have liberty to move before the Appellate Tribunal constituted under Rule 18 of Bihar Panchayat Elementary Teachers Service and Recruitment Amendment Rules 2008. This application is allowed. Sss/- (Mridula Mishra, J)