IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.349 of 2009 MD. KAUSAR HUSSAIN . Versus THE STATE OF BIHAR & ANR . ----------- 2. 03.11.2010 Having heard learned counsel for the petitioner and learned counsel for the State, as also taking into account that the order of this Court dated 5.5.2008 has been sought to be complied after more than 2 years by passing an order on 9.7.2010 even when a time limit of only six months was fixed, this Court in absence of materials establishing willful disobedience would not initiate a proceeding of contempt against the opposite parties but at the same time would hold that such order dated 9.7.2010 passed by the opposite party, the B.D.O. in the alleged compliance of the direction of this court being wholly belated, has to be ignored by the District Teachers Appellate Authority inasmuch as under Rule 18 of Panchayat Teachers Rules as amended in 2008, such power of deciding any issue arising out of employment on the post of Panchayat Teacher has been taken away from B.D.O. and has been rested in an independent District Teachers 2 Appellate Authority. Thus in the event the petitioner would file a fresh complaint against the selection and appointment of Respondent No.7 Abdul Mannan in the connected writ application C.W.J.C.No. 7193 of 2008 the concerned District Teacherers Appellate Authority shall proceed to decide the complaint of the petitioner strictly in accordance with law as per 2006 rules, after affording opportunity of hearing to the petitioner as also to the aforesaid Abdul Mannan. With the aforementioned observation and direction this application is disposed of. Devendra/ ( Mihir Kumar Jha, J.)