IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.6395 of 2008 ============================================= Sunil Kumar Singh, son of Sri Karan Singh presently working as Mukhiya of Gram Panchayat Raj Ruddauli, resident of village- ruddauli, P.S.- Bachwara, Distt- Begusarai. .... .... Petitioner/s Versus 1. The State Of Bihar represented through the Commissioner, Munger Division, Munger. 2. The District Magistrate, Begusarai. 3. The Deputy Development Commissioner, Begusarai. 4. The S.D.O. (Civil), Teghra, Distt.- Begusarai. 5. The Establishment Deputy Collector, Begusarai, collectriate, Begusarai. 6. The District Panchayati Raj Officer, Begusarai. 7. The District Superintendent of Education, Begusarai. 8. The Block Development Officer, Bachwara, Distt- Begusarai. 9. The Block Education Extension Officer, Bachwara, Distt.- Begusarai. 10. Chandra Bhushan Singh, Asstt. Teacher, Narepur High school, P.S.- Bachwara, Distt.- Begusarai. 11. Sima Kumari, Member, Ruddauli Panchayat Samiti, P.S. Bachwara, Distt.- Begusarai. .... .... Respondent/s ============================================= Appearance : For the Petitioner/s : Mr. Vivekanand Pd.Singh Mr. Chandan Kr.Kashyap For the Respondent/s : Mr. (Gp1) ============================================= 2 13.07.2011 The present application has been filed for direction to respondent no.2 to withdraw or cancel the order vide Memo nos. 781, 782 and 783 as contained in Annexure- 3, 4 and 8 and Memo No. 1846 dated 19.11.2007 as contained in Annexure-7 passed by the District Magistrate, Begusarai, whereby the petitioner apprehends about the contemplated action under Section 18 of the Bihar Panchayat Raj Act, 2006. The thrust of the argument of the learned counsel for the petitioner is that the explanation sought for by the District Magistrate vide Annexure-7 is without jurisdiction as Section 18 of the Bihar Panchayat Raj Act does not stipulate any power to the District Magistrate to ask for any explanation. Annexure-7 has been issued in the background of the alleged misconduct in appointment process of school teachers. In view of this Court, without asking the explanation and giving opportunity, the authority cannot come to the conclusion about the alleged misconduct. Hence it cannot be treated as without jurisdiction. Moreover, no action has been taken under Section 18 of the Bihar Panchayat Raj Act, hence on that ground also, the writ application is prematured. With the above observation, this writ application is disposed off. 2 Amrendra Kumar/- (Dinesh Kumar Singh, J)