IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15538 of 2009 ATWARI DAS S/O LATE SUKHDEO DAS, MUKHIYA-CUM- CHAIRMAN, PANCHAYAT TEACHERS APPOINTMENT UNIT, GRAM PANCHAYAT RAJ, SHABDA, UNDER BLOCK-FALKA, P.S.- FALKA, P.O.- POTHIA, DISTT.- KATIHAR….PETITIONER. VERSUS 1. THE STATE OF BIHAR, THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT, DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 2. THE DIRECTOR, PRIMARY EDUCATION BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, KATIHAR 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, KATIHAR 5. THE MEMBER, DISTRICT TEACHERS EMPLOYMENT APPELLATE AUTHORITY, KATIHAR 6. THE BLOCK DEVELOPMENT OFFICER, FALKA, KATIHAR 7. THE BLOCK EDUCATION EXTENSION OFFICER, FALKA, KATIHAR 8. SMT. RAJMANI RANI W/O SRI LAL MANDAL, RESIDENT OF VILLAGE & P.O.- MEHNDI, VIA- BHAWANIPUR RAJDHAM, P.S.- TIKAPATTI, DISTT.- PURNEA……..RESPONDENTS. For the petitioner : Mr.Jibendra Mishra, Advocate. For the State : Mr. N.K. Sinha, AAG-X ----------- 02/ 22.07.2010 Heard learned counsel for the petitioner and learned counsel for the State. 2. This petition has been filed by the petitioner, who is Mukhiya-cum-Chairman of Gram Panchayat Raj, Shabda, Katihar challenging order dated 07.07.2009 (Annexure-3) by which the appellate authority (respondent no.5) had allowed Appeal No.786 of 2009 and had directed the Mukhiya (petitioner) to consider the application of respondent no.8 for appointment on the post of Panchayat Teacher after due enquiry and also for quashing orders dated 08.08.2009 (Annexure-5) and 06.10.2009 (Annexure-6) issued by the aforesaid appellate authority (respondent no.5) by which he was directed to comply the order of the appellate 2 authority failing which appropriate action under sections 166 and 167 of the Indian Penal Code would be taken. 3. Learned counsel for the petitioner challenges the said order on two grounds. Firstly, that respondent no.8 had originally applied for appointment on the post of Prakhand Teacher and not on the post of Panchayat Teacher. Secondly, that respondent no.8 had not filed the appeal in question against the petitioner and hence there was no occasion for the appellate authority to direct the petitioner to appoint respondent no.8 on the post of Panchayat Teacher. 4. Considering the averments made by learned counsel for the parties as well as the materials on record, it is quite apparent that respondent no.8 had applied for appointment of Teacher on 15.11.2008 (Annexure-1) and in that she had ticked Prakhand Unit. However, she was not selected due to which she filed an appeal before the District Teachers Appointment Appellate Authority, Katihar (respondent no.5) stating that all sorts of illegalities had been committed in the appointment due to which she had been left out. The appellate authority very carefully considered the matter and allowed the appeal vide order dated 07.07.2009 (Annexure-3) holding that the allegation raised by respondent no.8 was quite justified and she had proper qualifications and experience for being appointed as teacher and hence appellate authority directed the Mukhiya (petitioner) for providing counselling to respondent no.8 for her appointment and 3 to inform the appellate authority with respect thereto. 5. It further transpires that when even after one month no step was taken by the Mukhiya (petitioner), the appellate authority issued letter dated 08.08.2009 (Annexure-5) directing the Mukhiya (petitioner) to abide by the order of the appellate authority. It further transpires that even then the Mukhiya (petitioner) did not take step and the appellate authority issued another letter dated 06.10.2009 (Annexure-6) directing him to comply order of the appellate authority within three days and inform the appellate authority with respect to the same failing which legal action would be taken against the petitioner. Subsequently on 12.10.2009 (Annexure-7) petitioner field a petition before the appellate authority informing that he was moving the High Court in the instant writ petition. 6. From the aforesaid facts and circumstances, it is quite apparent that the appellate authority after due consideration of the facts and circumstances of the case, has passed its order dated 07.07.2009 (Annexure-3) which cannot be held to be illegal and even improper and hence the petitioner was duty bound to comply the said order. Non-compliance of such order clearly shows petitioner’s grudge against respondent no.8 apart from dereliction of duties and disobedience of the orders of the higher authority. 7. In the said circumstances, this court does not find any justification to entertain this writ petition and to interfere with 4 the impugned orders which all appear to be legal and justified. Accordingly, this writ petition is dismissed. However, if the petitioner does not comply the order of the appellate authority immediately, all legal and coercive step must be initiated against him for proper action. harish/ ( S. N. Hussain, J. )