IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15289 of 2009 1. MITHILESH KUMAR YADAV S/O BODHI PRASAD YADAV VILL- CHATANMA, P.S. PURAINI BAZAR, DISTT. MADHEPURA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPTT., BIHAR, PATNA 3. THE DIRECTOR PRIMARY EDUCATION, BIHAR, PATNA 4. THE DISTRICT MAGISTRATE MADHEPURA 5. THE DISTRICT SUPERINTENDENT OF EDUCATION MADHEPURA 6. THE BLOCK DEVELOPMENT OFFICER PURAINI, DISTT. MADHEPURA 7. THE BLOCK EDUCATION EXTENSION OFFICER PURAINI, DISTT. MADHEPURA 8. THE MUKHIYA GRAMPANCHAYAT BANSH GOPAL, BLOCK PURAINI, DISTT. MADHEPURA 9. THE PANCHAYAT SECRETARY GRAMPANCHAYAT BANSH GOPAL, BLOCK PURAINI, DISTT. MADHEPURA 10. AKHILESH KUMAR S/O SATISH PRASAD YADAV VILL- BAGHRA, P.S. PURAINI BAZAR, DISTT. MADHEPURA ----------- 2 19.2.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner’s prayer is for quashing of the letter no. 16 dated 2.11.2006, whereby he has been prevented from work till completion of investigation and also to quash the report submitted by the District Superintendent of Education, Madhepura 2 vide letter no. 1260 dated 4..9.2009, whereby a direction was issued to the Panchayat Secretary, Gram Panchayat Bansh Gopal, Puraini, Madhepura for taking further action in the light of the inquiry report against the petitioner. The order passed by the District Superintendent of Education, Madhepura has been challenged on the ground that neither in view of 2006 Rules nor direction of this Court in CWJC No. 11104 of 2007, the District Superintendent of Education, Madhepura had any jurisdiction to submit any report or issue any direction. Without considering the merit of the case, this application is being disposed off giving liberty to the petitioner for filing an appeal before the District Teachers Employment Appellate Tribunal, Madhepura for 3 quashing of the impugned letters and for further direction. In case such an appeal is preferred by the petitioner, it should be considered and decided on merit within the statutory period. (Mridula Mishra,J.) A.Kumar