IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15381 of 2009 1. AZRA PARWEEN W/O MD. ASHARAFUDDIN R/OVILL BHAWANANDPUR, P.O. PANAPUR, ANCHAL/BLOCK- BIRPUR, P.S. BIRPUR, DISTT- BEGUSARAI Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCE DEELOPMENT DEPARTMENT GOVERNMENT OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, BEGUSARAI 4. THE DISTRICT SUPERINTENDENTOF EDUCATION BEGUSARAI 5. THE BLOCK DEVELOPMENT OFFICER BIRPUR, DISTT- BEGUSARAI 6. THE BLOCK EDUCATION EXTENSION OFFICER BIRPUR PARKAHND, DISTT- BEGUSARAI 7. THE SECRATARY, BHAWANADPUR GRAM PANCHAYAT PRAKHAND BIRPUR, DISTT- BEGUSARAI 8. ANURADHA KUMARI W/O BHAGAT SINGH R/O VILL PANAPUR, P.O. PANAPUR, PRAKAHND- BIRPUR, DISTT- BEGUSARAI ----------- 2 23.2.2010 Petitioner’s prayer is for quashing of the order contained in Letter No.26 dated 24.9.2009 issued by the Panchayat Secretary, Gram Panchayat Raj, Bhawanandpur, whereby the petitioner has been terminated from his service. Counsel for the petitioner submits that pursuant to the direction of the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna a 2 matter relating to the payment of salary to the petitioner is pending for consideration before the District Teachers Employment Appellate Tribunal. During the pendency of the appeal the Panchayat Secretary, who is not vested with such power has issued termination order. It transpires that the Panchayat Secretary has issued the impugned letter on the direction of the District Superintendent of Education, Begusarai and the Block Development Officer, Begusarai. Counsel for the petitioner is permitted to withdraw this application for filing an application before the District Teachers Employment Appellate Tribunal, Begusarai, where his salary matter is pending. Petitioner must file his application within four weeks from the date of the order. The Appellate Tribunal will pass necessary orders on the petitioner’s application. Till the matter is decided by the 3 Appellate Tribunal, operation of the impugned letter No. 26 dated 24.9.2009 issued by the Panchayat Secretary shall remain stayed. (Mridula Mishra,J.) A.Kumar