IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11218 of 2009 SUSHEELA KUMARI, W/o Mukesh Ram, resident of village – Dumari, P.S. Patori, District – Samastipur. ….. Petitioner. Versus 1. THE STATE OF BIHAR through the Chief Secretary, Government of Bihar, Patna. 2. The D.M., Samastipur. 3. The D.S.E., Samastipur. 4. The B.D.O., Mohanpur, District – Samastipur. 5. The B.E.E.O. Mohanpur, District – Samastipur. 6. The Secretary, G.P. Raj, Madhopur Sarari, Block Mohanpur, District – Samastipur. ….. Respondents. For the Petitioner : - Sri Dhananjay Mishra, Advocate For the State : - Sri Ram Chandar Prasad, S.C. 14 Sri Sadanand Paswan, AC to SC -14. ----------- 03/ 04.11.2009 Heard counsel for the petitioner and counsel appearing for the State. Petitioner is aggrieved as the Block Development Officer, Mohanpur has cancelled her appointment vide letter no. 366 dated 9.7.2009. The order has been passed by the Block Development Officer, Mohanpur on the direction of this Court passed in C.W.J.C. No. 6578 of 2008 dated 5.5.2008. The Block Development Officer was directed to pass order within a period of two months from the date of receipt/production of the order, but it has been passed after more than one year of the receipt of the order. By the time the Block Development Officer has passed the impugned order under 2006 Rules he was devoid of any power to pass - 2 - such orders. As such either an extension of time should have been asked from this Court or the matter should have been recommended for proper decision to the appellate forum. Considering these facts, the order passed by the Block Development Officer, Mohanpur is quashed. This matter is remitted back to the District Teachers Employment Appellate Tribunal, Samastipur for deciding the matter afresh in accordance with law considering entire connected records and issuing notice to Suman Kumari, who had earlier come before this Court in C.W.J.C. No. 6578 of 2008 challenging the appointment of the petitioner. The appellate forum after issuing notice to all concerned including Mukhiya and the Panchayat Secretary and after calling the connected records will decide the matter by a reasoned order, preferably within 30 days of the receipt of this order, i.e. the statutory period for deciding the matter. DKS/ (Mridula Mishra, J.)