IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13878 of 2009 1. NIRBHAY KUMAR, ADVOCATE AND PRESIDENT OF ZILA NYAY MITRA ASSOCIATION, MUZAFFARPUR S/O LATE SACHCHIDANAND SHARMA R/O SARYUG NIWAS, A/22, PROFESSORS COLONY, NEAR CENTRAL SCHOOL, AGHORIA BAZAR CHOWK, P.S- KAZI MOHAMMADPUR, DISTT- MUZAFFARPUR Versus 1. THE STATE OF BIHAR 2. SECRETARY PANCHAYATI RAJ VIBAG, GOVT. OF BIHAR, PATNA 3. DISTRICT MAGISTRATE MUZAFFARPUR 4. DISTRICT PANCHAYAT RAJ OFFICER MUZAFFARPUR 5. SUB-DIVISIONAL OFFICER (WEST) MUZAFFARPUR 6. BLOCK DEVELOPMENT OFFICER SAHEBGANJ, DISTT- MUZAFFARPUR 7. SHRI RAM NARESH BAITHA S/O MISHRI BAITHA SARPANCH, BAIDYA NATHPUR PANCHAYAT, BLOCK- SHEBGANJ, DISTT- MUZAFFARPUR 8. SHRI ARVIND KUMAR DEPUTY SARPANCH BAIDYANATHPUR PANCHAYAT, BLOCK, SAHEBGANJ, DISTT- MUZAFFARPUR ---------- 2. 03.11.2009 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner has been removed from the Post of Nyay Mitra by order dated 28.5.2009. Learned Counsel for the petitioner submits that only the Sub Divisional Officer is competent to pass such order under Rule 12 of the Bihar Gram Kutchery Nyay Mitra (Appointment, Service Conditions and Duties) Rules 2007. The present order by the Sarpanch is not sustainable. Learned Counsel for the State points out that Rule 12 deals with the issue of appointment, while Rule 11 deals with the issue of departmental proceedings and in pursuance of which the relevant committee under Rule 6(6) will pass necessary orders. The impugned order refers to the unanimous resolution of the committee and therefore the mere communication by the Sarpanch does not invalidate the order otherwise under Rule 11. Unfortunately the pleadings in the writ application leaves this Court in an indecisive situation as there is no pleading in the writ petition that no departmental preceding has been conducted though it is orally so contended during course of the submission. This writ application is disposed off with a direction to the Sub Divisional Officer to examine if memo of charges have been served upon the petitioner, departmental proceedings held, recommendation to the committee followed thereupon and only when the impugned order dated 28.5.2009 has been passed. If the aforesaid conditions are fulfilled, the Sub Divisional Officer shall live the petitioner to his remedy of appeal under Rule 13. If the Sub Divisional Officer is of the opinion that the aforesaid procedure has not been followed the order dated 28.5.2009 shall stand set aside in its present form without prejudice to the rights of the committee under Rule 6(6) to proceed in accordance with Rule 11. Appropriate orders to be passed by the Sub Divisional Officer within six weeks of the date of receipt and/or production of a copy of this order. The writ application stands disposed in the aforesaid terms. Snkumar/- (Navin Sinha,J.)