IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19687 of 2010 VIVEKA NAND Versus THE STATE OF BIHAR & ORS ----------- 2 6.12.2010 The petitioner seeks quashing the order dated 31.8.2010 passed by the District Teacher Employment Appellate Authority, Jehanabad passed in Case No.423 (24)/2010 by which he has dismissed the appeal of the petitioner. The petitioner was initially appointed as Shiksha Mitra and after promulgation of Bihar Panchayat Teachers Appointment and Service Condition Rules, 2006 the nomenclature of the Shiksha Mitra was changed to Panchayat teacher and they were absorbed accordingly. The petitioner has high academic qualification and he secured first in rank in his batch. The petitioner was removed from employment by order dated 24.7.2008 passed by the District Magistrate, Jehanabad and by memo no.1666 dated 7.8.2008 issued by the District Superintendent of Education-cum-Convenor, Sarv Shiksha Abhiyan, Jehanabad. Learned counsel for the petitioner submits that by the aforesaid order about ten Panchayat teachers including the petitioner were removed, out of them three Panchayat teachers moved this court questioning the jurisdiction of the District Magistrate as well as District Superintendent of Education in terminating their services. This court by order dated 4.9.2009 2 KHAN passed in C.W.J.C.No.16333 of 2008 held that under the Bihar Panchayat Teachers Appointment and Service Condition Rules neither the Collector nor the District Superintendent of Education has competence to issue termination order and as such quashed the termination order in respect of those writ petitioners. The petitioner submits that he moved the Appellate authority against his removal, which by its order dated 31.8.2010 rejected his petition on technical ground. A Panchayat teacher could be terminated only after following the procedure laid down in the Bihar Panchayat Teachers Appointment and Service Condition Rules. As per the aforesaid Rules neither the Collector nor the District Superintendent of Education has competence to issue termination order and as such the order of removal of the petitioner as well as order of tribunal rejecting the appeal of the petitioner is set aside. In the result, the petitioner would be re-instated in service forthwith. It would be open for the petitioner to make a prayer for grant of consequential benefits. With the aforesaid observations and directions, this writ petition stands allowed. (S.P.Singh,J)