IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9455 of 2009 ABHILESH KUMAR SINGH, SON OF SRI BAL KISHORE SINGH, RESIDENT OF VILLAGE JAMSI, POST AGARPUR, P.S. LODIPUR, DISTRICT BHAGALPUR---PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, RURAL DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYATI RAJ, GOVT. OF BIHAR, PATNA. 3. THE ADDITIONAL SECRETARY, DEPARTMENT OF PANCHAYATI RAJ, GOVT. OF BIHAR, PATNA. 4. THE DIRECTOR PANCHAYATI RAJ, BIHAR, PATNA. 5. THE DISTRICT PANCHAYATI RAJ OFFICER, BHAGALPUR. 6. THE BLOCK DEVELOPMENT OFFICER, GORADIH, DISTRICT BHAGALPUR. 7. THE SARPANCH, GRAM KACHCHARI, AGARPUR, MACHHIPUR PANCHAYAT, BLOCK GORADIH, DISTT. BHAGALPUR. 8. SURENDERA DAS, SON OF LATE CHHEDI DAS RESIDENT OF VILLAGE GOBHARDHANPUR, POST MACHHIPUR, P.S. LODIPUR(SABOUR), DISTRICT BHAGALPUR----RESPONDENTS. ----------- 03. 11.08.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner was appointed as Secretary, Gram Kutchery, Agarpur Machhipur Gram Panchayat in the district of Bhagalpur and has been removed from the said post by the Block Development Officer, Goradih under order bearing Memo No. 649 dated 18.6.2009, Annexure-5. 3. It is submitted on behalf of the petitioner that the order of removal is absolutely without jurisdiction as Block Development Officer, Goradih has no authority to remove the Secretary of the Gram Kutchery. It is further submitted that earlier petitioner was appointed as Secretary of the Gram Kutchery taking into account his matriculation qualification but subsequently in compliance of the directions of the High Court in C.W.J.C. No. 13905 of 2007 petitioner is sought to be removed with reference to the amended Rules, which has come into effect from January, 2008, although petitioner was appointed on 23.10.2007. 4. Let the petitioner file appeal against the order dated - 2 - 18.6.2009, Annexure-5 before the District Magistrate, Bhagalpur along with a copy of this order, who should consider the same at the earliest, in any case within one month from the date of receipt of the memo of appeal. It shall be open to the petitioner to apply for interim relief before the learned District Magistrate, Bhagalpur. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)