IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7561 of 2010 1. Rabindra Kumar Jha S/O Late Baidhnath Jha R/O Vill.- Hardiya, P.O.- Hardia, P.S.- Pupri And Distt.- Sitamarhi Versus 1. The State Of Bihar 2. District Magistrate, Sitamarhi 3. Sub-Divisional Officer, Pupri, Distt.- Sitamarhi 4. Block Development Officer, Bokhra Prakhand Under Pupri Sub-Division, Distt.- Sitamarhi 5. District Panchayat Raj Officer, Sitamarhi 6. Ram Krishna Choudhary-Sarpanch-Budhnagra Gram Kachheri, Prakhand- Bokhra, Distt.- Sitamarhi ----------- 3. 27.09.2011 Heard learned counsel for the petitioner, the State and for respondent no. 6. The petitioner, who stated to have been appointed as Nayay Mitra of Budhangra Gram Kachahari is aggrieved by the order dated 15.4.2010 denying not only his claim for salary but also terminating the appointment. Counter affidavit has been filed on behalf of the respondent no. 4. The stand in the counter affidavit of the Sarpanch (respondent no. 6) wrongly described as respondent no. 4 in the counter affidavit with regard to the petitioner appears to be in conflict with the report of the Block Development Officer at Anneuxre- 2 to the writ application in so far as discharge of duties by the petitioner is concerned and attributing the wrongs to respondent no. 6. The Court therefore directs the District Magistrate, the appellate 2 authority under the Rule 13 to examine that aspect of the matter and his final decision on the claim for salary shall decide the entitlement of the petitioner. In so far as the termination of the petitioner is concerned it is apparent from the counter affidavit of respondent no. 6 that the committee in accordance with Rule 6(6) has not been constituted before the termination order was passed. The order dated 15.4.2010 is therefore held to be bad. The petitioner shall stand reinstated for the term of the Gram Kachahari unless it has already expired including the extended tenure of six months provided in the law after which the Gram Kachahari becomes non existence. Let such claim for salary be decided by the District Magistrate within a maximum period of two months from the date of receipt/production of a copy of this order. The writ application is allowed. P. Kumar ( Navin Sinha, J.)