IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7681 of 2008 1. SHANKAR KUMAR MISHRA, S/O SRI KAMLAKANT MISHRA, AT PRESENT OF VILLAGE-TAMKUR, P.S.-KURSAKANTA, DISTRICT-ARARIA. 2. RUBI KUMARI, W/O AMAR KUMAR, D/O ABDHESH PD. KARAN, R/O VILLAGE-NAGAR WARD NO.6/8 ARARIA P.S.+DISTRICT-ARARIA. 3. MD.HUSSAIN AHMAD, S/O ABDUL RAUF, R/O VILLAGE SIKTIYA, P.S.-KURSAKANTA, DISTRICT-ARARIA. 4. RASHMI, D/O ABDHESH PD. KARAN, R/O VILLAGE OM NAGAR WARND NO.6/8 P.S.+DISTRICT- ARARIA. 5. SANJAY KUMAR YADAV, S/O JAI NARAYAN YADAV, R/O VILLAGE MAHESHKHUNT, P.S.-KURSAKANTA, DISTRICT-ARARIA. 6. ANAND SHANKAR, S/O ARJUN PD. SINGH, R/O VILLAGE-BORSHA, P.S.-ARAYARI, DISTRICT- SHEKHPURA. 7. RUPAK KUMAR, S/O LALAN PD. SINGH, R/O VILLAGE-RAMCHANDRAPUR, P.O. RAM CHANDARAPUR, P.S.-PIPRAYA, DISTRICT- LAKHISARAI. 8. NILAMBAR KHATUN, D/O RAFIQUE ALAM, R/O VILLAGE RAJULA, P.O.-ASHABHAG, P.S.- KURSAKANTA, DISTRICT-ARARIA. 9. RADHA KUMARI, D/O LATE BISHWANATH PD. GUPTA, W/O SUDHIR PD. GUPTA, R/O VILLAGE SIMRAHA, P.S.-SIMRAHA, DISTRICT-ARARIA. 10. SONI KUMARI, W/O SURYA NAND MANDAL, D/O GURUDEO SAH, R/O VILLAGE-BARBANNA, P.O.- MERIGANJ, P.S.-RANIGANJ, DISTRICT-ARARIA. 11. DIP CHAND PASWAN, S/O LATE UTTAM LAL PASWAN, R/O VILLAGE-BHUMPOKHAR, P.S.- KURSAKANTA, DISTRICT-ARARIA. 12. MAMTA KUMARI, W/O NIRAJ KUMAR JHA, R/O VILLAGE BENGA, P.S.-SIKTY, DISTRICT- ARARIA. ……………PETITIONERS. Versus 1. THE STATE OF BIHAR THROUGH THE SECONDARY EDUCATION, BIHAR, PATNA. 2. THE DIRECTOR, PRIMARY EDUCATION, PATNA. 3. THE DISTRICT MAGISTRATE, ARARIA. 4. THE DEPUTY COLLECTOR, DEVELOPMENT SECTION, ARARIA. 5. THE ADDITIONAL COLLECTOR, ARARIA. 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, DISTRICT-ARARIA. 7. THE BLOCK DEVELOPMENT OFFICER, KURSAKANTA, DISTRICT-ARARIA. 2 8. THE BLOCK EDUCATION EXTENSION OFFICER, KURSAKANTA, DISTRICT-ARARIA. 9. THE POPULARLY ELECTED MUKHIYA GRAM PANCHAYAT RAJ DUMARIA ANCHAL+P.S.- KURSAKANTA, DISTRICT-ARARIA. 10. BIMAL KISHORE SINGH, S/O LATE BAIDYANATH SINGH, EX-SECRETARY CUM PANCHAYAT RAJ DUMARIA ANCHAL+P.S.-KURSAKANTA, DISTRICT- ARARIA. 11. PUSHPA KUMAR, D/O UTTAM LAL SAH, R/O VILLAGE-RAJAULA, P.S.-KURSAKANTA, DISTRICT-ARARIA. 12. LAXMAN TATMA, S/O LATE SARDAR TATMA, R/O VILLAGE-RAJAULA, P.S.-KURSAKANTA, DISTRICT-ARARIA. 13. GAUTAM KUMAR, S/O KRISHNA MOHAN, R/O VILLAGE-KAWARI, P.S.-KURSAKANTA, DISTRICT- ARARIA. 14. SUSHIL KUMAR PASWAN, S/O DOMAN PASWAN, R/O VILLAGE-KAWARI, P.S.-KURSAKANTA, DISTRICT- ARARIA. 15. JYOTI KESHRI, D/O DILIP PRASAD KESHARI, R/O VILLAGE-SUNDARI, P.S.-KURSAKANTA, DISTRICT-ARARIA. 16. MUNNI KUMARI, D/O SHIVNATH DAS, R/O VILLAGE-RAJAULA, P.S.-KURSAKANTA, DISTRICT-ARARIA. 17. PRADIP KUMAR SINGH, S/O GANESH LAL SINGH, R/O VILLAGE-RAJAULA, P.S.-KURSAKANTA, DISTRICT-ARARIA. …………RESPONDENTS. ----------- 7 16.08.2011 In this writ application petitioners have challenged an order of the B.D.O. dated 05.05.2008, as contained in Annexure-1, by which engagements of Panchayat Teachers in the Dumariya Panchayat have been cancelled and order has been issued for fresh counselling and appointment. Learned counsel for the petitioners submits that this order has 3 been passed in the light of the recommendation made by the Additional Collector who had no jurisdiction to hold an inquiry and make any recommendation affecting the discretion of the B.D.O. who was at the relevant time Appellate Authority under the Rules. He also submits that before cancellation of their engagements petitioners were not issued notice giving them opportunity to file their show cause or to take a defence in support of their valid engagements. He relies upon an order of this Court passed in the case of Shyam Babu Kumar Vs. State of Bihar and Ors. [2008 (4) PLJR 132] and submits that this Court in similar circumstances has already quashed an order in which it found that the B.D.O. had not applied his independent mind and had acted at the dictates of other authorities. The impugned order of the B.D.O. does not show that the B.D.O. has applied his independent mind or has taken steps in compliance with Principles of Natural Justice before passing the said impugned order. 4 There is no denial to this submission of learned counsel for the petitioner by the learned counsel for the respondents. In the circumstances, the said order, as contained in Annexure-1, is quashed. The impugned order of the B.D.O. shows that there were some complaints on the basis of which inquiry was held and report had been submitted by the Additional Collector recommending for cancellation of appointments. Hence, as a result of quashing of the impugned order the matter will be treated as pending with the respondents. Now after amendment in 2006 Rules a statutory Appellate Authority has been constituted which has been vested with the powers to hear appeals or complaints in the matters of employment of Panchayat Teachers. It has also been provided that all pending matters before any authority of the Government shall be transferred to the newly constituted Appellate Authority for consideration and final disposal. In the circumstances, the matter, 5 which has to be treated as pending on account of quashing of impugned annexrue-1, is directed to be transmitted to the statutory Appellate Authority constituted in terms of amended Rule 18 of the Rules. Accordingly, the B.D.O./concerned authority is directed to transmit the complaint received in their offices, the inquiry report and all connected materials to the statutory Appellate Authority within one month from the date of receipt/production of a copy of this order. On receipt of the records, the Appellate Authority shall issue notice to all the concerned parties including the petitioners through panchayat itself giving them opportunity to appear, shall call for the records, if necessary, and after hearing the parties shall decide the matter finally on merits within three months positively. For these three months, petitioners shall not be entitled to resume their duties and shall not be entitled for their salary. Arvind/ ( J.N. Singh, J.)