IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13204 of 2008 NILAM KUMARI daughter of Sri Kishori Sah, resident of Village Basahiya P.O.Pipra Dadan P.S.Kanhauli District Sitamarhi. Versus 1.THE STATE OF BIHAR through the Commissioner-cum- Secretary, Department of Human Resources Development, Government of Bihar, Patna. 2.The Director, Primary Education,Government of Bihar,Patna. 3.The District Magistrate,Sitamarhi 4.The Deputy Development Commissioner,Sitamarhi 5.The District Superintendent of Education-cum-Program Co-ordinator,Sitamarhi. 6.The Block Development Officer, Sonbarsa, District Sitamarhi. 7.The Block Education Extention Officer,Sonbarsa District Sitamarhi. 8.The Mukhiya Gram Panchayat Dostiya,Sonbarsa District Sitmarhi. 9.The Panchayzat Secretary, Gram Panchayat Dostiya Sonbarsa District Sitamarhi 10.The Headmaster,Government Middle School Basahiya Hindi Sonbarsa District Sitamarhi. ----------- 4 13.7.2009. Heard counsel for the petitioner and the State. Petitioner has filed this application for quashing the order dated 23.3.2007 contained in letter no.29 issued by the Panchayat Secretary of Dostiya Gram Panchayat whereby the Headmaster of the Government Middle School Bashiya Hindi was directed not to take work Panchayat Siksha Mitra from the petitioner. Petitioner has further prayed for quashing the letter no.654 dated 11.7.2007 whereby the appointment of the petitioner has been cancelled withholding payment of salary by the Block Development Officer,Sonbarsa. Petitioner has placed reliance on the enquiry report submitted by the District Superintendent of Education, Sitamarhi. This enquiry was conducted in relation to the appointment of Panchayat Siksha Mitra. However, as provided under Bihar Panchayat Panchayat 2 Teachers (appointment and service condition) Rules, the Collector is not the appropriate authority for passing any order. The Human Resources Development Department has issued a letter dated 14.5.2008 contained in Memo no.681 whereby in the matters of complaints relating to Panchayat Siksha Mitras appointment also the District Teachers Employment Appellate Authority is authorized and competent to consider and decide such matters. Counsel for the petitioner submits that he may be given liberty to file an appeal before the appellate tribunal. The Collector Sitamarhi is directed to send all connected record/documents to the appellate tribunal for deciding the case of the petitioner. This application is being disposed of with an observation that the petitioner may prefer his appeal. The Collector of the district will transfer all relevant documents to the appellate forum which will decide the case within the statutory period. Sss/- (Mridula Mishra, J)