IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8371 of 2008 Shiva Mohan Mishra, Son of Shri Harendra Mohan Mishra, resident of Village Hira Nagar, P.O. Jale, P.S. Jale, District Darbhanga…………………………………………….………..Petitioner Versus 1. The State Of Bihar. 2. The Secretary, Human Resources Department (Primary Section), Government of Bihar, Patna. 3. The Commissioner, Darbhanga Division, Darbhanga. 4. The Secretary-cum-Commissioner, Primary and Adult Education. 5. The Director, Panchayati Raj, Government of Bihar, Patna. 6. The District Magistrate-cum-Collector, Darbhanga. 7. The District Superintendent of Education, Darbhanga. 8. The District Education Officer, Darbhanga. 9. The Block Education Extension Officer, Jale, P.S. Jale, District Darbhanga. 10. Mukhiya, North Panchayat Jale, P.S. Jale, District Darbhanga. 11. The Principal, Primary School, Pitharia Khurd, P.S. Pitharia Khurd, District Darbhanga……………………………………………………Respondents ---------------------------------- 3 11.08.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. Petitioner was appointed as Shiksha Mitra on 17.03.2003 pursuant to which he joined. Subsequently, he was terminated, vide order dated 30.08.2003, by the Mukhiya of Gram Panchayat Raj, Jale. Against the order of termination, petitioner promptly 2 moved the Collector, Darbhanga on 04.09.2003 and thereafter Director, Panchayati Raj Bihar, Patna on 05.01.2004, vide Annexures 5 and 5/A. Complaint/representation of the petitioner remained pending. Meanwhile, the Mukhiya appointed another person in place of petitioner on 08.06.2006. Petitioner, therefore, again filed a representation before the Secretary of the Department on 15.11.2006. Thereafter again he filed a representation before the Commissioner, Darbhanga Division on 09.03.2007 vide Annexure-8 on which some report was called for. However, grievance of the petitioner is that till today no action has been taken on the complaints / representations of the petitioner by any of the authorities. Prima facie, it appears that petitioner had raised his grievance promptly and in time before the authorities against termination. In the circumstances, the matter has to be treated as pending. Hence, in view of the provisions of the Rules, as amended, respondents are directed to transmit complaint / 3 representation of the petitioner, along with all connected records, positively within four weeks from the date of receipt of a copy of this order, to the concerned Appellate Authority constituted under the Rules. The Appellate Authority, on receipt of the records from the Government officials, shall call for the relevant records from the Panchayat concerned, issue notice to the parties giving them opportunity to be heard and shall decide the matter in accordance with law, without going into the question of limitation, positively within a period of three months from the date of receipt of the records from the Government officials. The writ application is disposed of with the aforesaid observations and directions. BT (J. N. Singh, J.)