IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9667 of 2009 Rajesh Kumar Das, Son of Sri Shankar Prasad Das, Resident of Tanti Bazar Road, Champanagar, District Bhagalpur Versus 1. The State Of Bihar through the Secretary, Human Resources Development Department, Government of Bihar, New Secretariat, Patna 2. The Director, Bihar Education Project Council, Beltron Bhawan, Shastrinagar, Patna-800023 3. The District Convener, Bihar Education Project, Sarv Shiksha Priyojana, Araria 4. The District Magistrate, Araria 5. The District Education Officer, Araria 6. The District Superintendent of Education Araria ----------- 02/ 12.08.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner, who is Accounts Officer in the State Education Project, is aggrieved by the order of the State Project Director, Bihar Education Project, bearing No. 3574 dated 23.7.2009, Annexure-9 to this application, whereunder his contract of service has been cancelled with effect from 22.8.2009 on the ground that his reply to the show cause was not found satisfactory. 3. It is submitted on behalf of the petitioner, with reference to the memo of charge dated 17.6.2009, Annexure-7 to this application, that he being the Accounts Officer is not covered by any of the four charges levelled in the memo of charge as also that the memo of charge is absolutely vague, as irregularity alleged has not at all been clarified and if the irregularity alleged is not clarified, then it is very difficult to submit his show cause reply, still then petitioner submitted his 2 show cause reply which has been considered by the Project Director in a manner which is unknown to law. 4. Against the impugned removal order dated 23.7.2009, Annexure-9, petitioner has the remedy of appeal before the Executive Committee of the Bihar Education Project Council. 5. Accordingly, this writ application is disposed of with direction to the petitioner to file appeal against the order dated 23.7.2009, Annexure-9 to this application before the Executive Committee of the Bihar Education Project Council, which should be considered in accordance with law, as early as possible, in any case within 45 days from the date of receipt of the memo of appeal. Petitioner will also have the liberty to request the Executive Committee to grant interim protection to the petitioner during the pendency of the appeal. Arjun/ ( V.N. Sinha, J.)