IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14121 of 2008 1. RAJESH KUMAR, S/O BALI RAM PRASAD SINGH, R/O VILLAGE, POST OFFICE AND P.S. AND BLOCK-KOTWA, DISTRICT-EAST CHAMPARAN AT MOTIHARI. 2. MUNNA KUMAR SINGH, S/O SUBHASH CHANDRA PRASAD SINGH, R/O VILLAGE AND P.O.- MACHARGARRWA, P.S. AND BLOCK-KOTWA, DISTRICT-EAST CHAMPARAN AT MOTIHARI. 3. MUKESH KUMAR, S/O SRI MUNI LAL SAH, R/O VILLAGE-HASANPUR, P.O.-BARHARWA KALA, P.S. AND BLOCK-KOTWA, DISTRICT-EAST CHAMPARAN AT MOTIHARI. …………PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES, GOVERNMENT OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, EAST CHAMPARAN AT MOTIHARI. 4. THE SUPERINTENDENT OF EDUCATION, EAST CHAMPARAN AT MOTIHARI. 5. THE SUB-DIVISIONAL OFFICER MOTIHARI SADAR, DISTRICT-EAST CHAMPARAN AT MOTIHARI. 6. THE BLOCK DEVELOPMENT OFFICER, KOTWA, DISTRICT-EAST CHAMPARAN AT MOTIHARI. 7. THE BLOCK EDUCATION EXTENSION OFFICER, KOTWA, DISTRICT-EAST CHAMPARAN AT MOTIHARI. 8. THE MUKHIYA, BARHARWA KALA WEST GRAM PANCHAYAT-CUM-PRESIDENT PANCHAYAT TEACHER APPOINTMENT COMMITTEE BARHARWA KALA GRAM PANCHAYAT, P.S. AND BLOCK-KOTWA, DISTRICT- EAST CHAMPARAN AT MOTIHARI. 9. THE PANCHAYAT SEWAK/SECRETARY-CUM-MEMBER SECRETARY PANCHAYAT TEACHER APPOINTMENT COMMITTEE BARHARWA KALA WEST GRAM PANCHAYAT, P.S. AND BLOCK-KOTWA, DISTRICT- EAST CHAMPARAN AT MOTIHARI. 10. THE HEADMASTER RAJKIYA PRIMARY SCHOOL HASANPUR, UNDER GRAM PANCHAYAT-BARHARWA KALA WEST, P.S. AND BLOCK-KOTWA, DISTRICT- EAST CHAMPARAN AT MOTIHARI. 11. THE HEADMASTER NEWLY PRIMARY SCHOOL AMBHAPAR, GRAM PANCHAYAT BARHARWA KALA WEST, P.S. AND BLOCK-KOTWA, DISTRICT-EAST CHAMPARAN AT MOTIHARI. 12. THE HEADMASTER RAJKIYA PRIMARY SCHOOL ADIA UNDER GRAM PANCHAYAT BARHARWA KALA WEST, P.S. AND BLOCK-KOTWA, DISTRICT-EAST CHAMPARAN AT MOTIHARI. 2 13. RUPESH KUMAR, S/O BASUDEO SINGH, R/O VILLAGE AND P.O.-AHIRAULIA, DISTRICT-EAST CHAMPARAN AT MOTIHARI. 14. VINAY KUMAR PANDEY, S/O YOGENDRA PANDEY, R/O VILLAGE-KISHUNPUR (PANDEY TOLA), VIA- PIPRAKOTHI, DISTRICT-EAST CHAMPARAN AT MOTIHARI. …………RESPONDENTS. ----------- 2 17.11.2011 This writ application has been filed challenging an order of the B.D.O. dated 11.07.2008, as contained in Annexure- 1 to the writ application. By the said order, the Panchayat authorities were directed to give notice to the petitioners and take steps for their removal from service. Grievance is that prior to the said order petitioners were not given any opportunity to file their show cause. Learned counsel for the petitioners submits that against the said order, petitioners had filed an application before the S.D.O. who stayed the order, but, later on, the D.M. has stayed the order of the S.D.O. Be that as it may, under un- amended Rule 18 of the Rules, the B.D.O had some powers to entertain complaints in respect of appointment or service conditions of Panchayat Teachers. In 3 exercise of that power the B.D.O. had passed the impugned order. But grievance is that petitioners were not given any opportunity to be heard before the appointments were ordered to be cancelled. On the ground of violation of Principles of Natural Justice, if the order is quashed, in normal course, the matter is remitted back to the same authority for hearing the matter afresh by complying with Principles of Natural Justice. However, by amendment in the Rules in 2008, a statutory Appellate Authority has been constituted which has been empowered now in place of B.D.O. to entertain appeals/complaints in respect of appointment or service conditions of the Panchayat Teachers. In the circumstances, the order of the B.D.O., as contained in Annexure-1, is quashed. Quashing of the order revives the complaint and the proceeding pending before the B.D.O. Hence, he is directed to transmit the entire records, including the complaint of respondent nos. 13 and 14, any inquiry report and all connected materials to the statutory Appellate Authority 4 positively within four weeks from the date of receipt/production of a copy of this order. On receipt of the records, the Appellate Authority shall issue notice to the petitioners as well as respondent nos. 13 and 14 and the Panchayat authorities, shall call for the original records from the Panchayat and shall decide the matter on merits, positively within three months from the date of receipt of the records from the office of the B.D.O. or any other authority. Till the final orders are passed by the Appellate Authority, status quo as of today shall be maintained. The writ application is disposed of with the aforesaid observations and directions. Arvind/ ( J.N. Singh, J.)