IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10198 of 2008 SANJU KUMARI, W/O SANJAY KUMAR, R/O VILLAGE- SADANANDPUR, P.S.-BALIYA, DISTRICT-BEGUSARAI. ……………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE COLLECTOR, BEGUSARAI. 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, BEGUSARAI. 4. THE BLOCK DEVELOPMENT OFFICER, BALIYA, DISTRICT-BEGUSARAI. 5. THE MUKHIYA, FATEHPUR PANCHAYAT, P.S.- BALIYA, DISTRICT-BEGUSARAI. 6. THE PANCHAYAT SECRETARY, FATEHPUR PANCHAYAT, P.S.-BALIYA, DISTRICT- BEGUSARAI. ……………RESPONDENTS. ----------- 2 12.09.2011 Petitioner is aggrieved by the order of the B.D.O., Balia dated 01.04.2008, as contained in Annexure-7, by which her appointment as Shiksha Mitra made in 2004 has been cancelled. Learned counsel for the petitioner submits that the order was passed by the B.D.O. without giving any notice to the petitioner and without any inquiry. The writ application was filed on 14.07.2008 with service of two copies of the same in the office of learned Advocate General. However, till today no counter affidavit has been filed. In normal course, if the order was in violation of Principles of Natural Justice it can be quashed and matter can be remitted back to the 2 same authority for passing fresh orders after giving opportunity to the persons concerned. However, by the change in the Rules, the B.D.O. has been absolved of the power of the Appellate Authority. Hence, petitioner is directed to file a representation before the statutory Appellate Authority constituted under the Rules in terms of 2008 amendment within four weeks from today. If she does so, the Appellate Authority shall issue notice to the concerned parties giving them opportunity to be heard, shall call for the original records from the concerned Panchayat and shall decide the matter on merits completely ignoring the impugned order of the B.D.O. and without feeling any impediment from the same in deciding the matter on merits. The decision must be taken in accordance with law by the Appellate Authority preferably within two months from the date of filing of the representation by the petitioner. Arvind/ ( J.N. Singh, J.)