IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4731 of 1996 MANOJ KUMAR JHA, son of Janardan Prasad Jha, resident of village Bhagwanpur, P.S. Banka, District Banka … Petitioner Versus 1. THE STATE OF BIHAR through the Commissioner cum Secretary Department of Human Resources and Development, New Secretariat, Patna 2. The District Education Officer, Bhagalpur cum Banka 3. The District Superintendent of Education, Bhagalpur cum Banka 4. The Area Education Officer, Barahat 5. The Block Education Extension Officer, Bounsi (East), Banka 6. The Sub-divisional Education Officer, Banka … Respondents ----------- 12. 9.5.2011 Having heard Mr. Purushottam Kumar Jha, learned counsel for the petitioner and the counsel for the State and taking into account that the impugned order of termination of service of the petitioner on a Class-IV post of peon was passed by the Sub-divisional Education Officer, Banka in the light of the direction given by the District Education Officer, Bhagalpur and Banka, this Court will have no option but to quash this order only on the ground of jurisdiction, inasmuch as under the relevant cadre Rules framed under proviso to Article 309 of the Constitution of India notified by the State Govt. all the ministerial post of Class III and Class IV employees for various 2 field offices of Education Department has to be filled up by the appointment committee headed by the Regional Deputy Director of Education (R.D.D.E.), who is the appointing authority and the Director, Secondary Education, the cadre controlling authority. Thus when the respondents had found certain anomaly in appointment of the petitioner and this Court also in its order dated 29.6.1995 in C.W.J.C. No. 5279/1994 had given liberty to look into the said anomalies in the appointment of the petitioner, while it was open for the subordinate authorities to hold an enquiry with regard to genuineness of appointment of the petitioner but any final order could have been passed only by the competent authority, namely, Regional Deputy Director of Education (R.D.D.E.). Mr. Jha to that extent seems to be correct that even if appointment letter of the petitioner was issued by the Sub-divisional Education Officer but there being a specific mention of such appointment being based on the orders of the R.D.D.E., any order of termination of service of the petitioner 3 could have been passed by the R.D.D.E. alone. In view of the fact that this issue has not been specifically raised in this writ application and consequently also not answered by the respondents in their counter affidavit, this Court in the interest of justice would deem it expedient to direct the R.D.D.E., Bhagalpur to hold an enquiry and pass his fresh orders without being prejudiced by earlier impugned order passed by a subordinate authority. It is however made clear that such an exercise must be completed by the R.D.D.E., Bhagalpur within a period of six months from the date of receipt/ production of a copy of this order and till it is done so, the petitioner will not be entitled for either being reinstated in service or back wages. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/