IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6058 of 2009 MD.NASIRUDDIN ANSARI & ORS Versus THE STATE OF BIHAR & ORS ----------- 2. 14.5.2009 Heard learned counsel for the petitioners and the State The petitioners were terminated from the post of Panchayat Teachers by an order dated 1.10.2007. On that date, the Block Development Officer was the statutory authority under Rule 18 of the 2006 rules, to consider issues of appointment and termination of Panchayat Teachers. The petitioners came to this Court in C.W.J.C. No. 14605 of 2007. On 29.1.2009, this Court noticed that the order was in violation of the principles of natural justice and set aside the order and directed the Block Development Officer to consider the matter afresh. This order was passed after hearing both the petitioners and the respondents. On 25.8.2008 the rules of 2006 had been legislatively amended. It came into effect immediately. Clause 11 of the amendment provides that the statutory authority to enquire into the issue of appointment and termination of Panchayat Teachers shall now be the Appellate authority to be constituted District wise. Clause 2(iii) of the notification creating the authority specifically provides that all pending matters before the Block Development Officer shall stand transferred to the appellate authority. On 29.1.2009 the matter was required to be remanded to the Appellate authority in accordance with law. The petitioners and the - 2 - respondents could not have conferred jurisdiction on the Block Development Officer on that date contrary to the legislative mandate. The Block Development Officer after hearing the petitioners has passed the order dated 27.3.2009. The order of the Block Development Officer is, therefore, clearly not sustainable in law as the order was made by an incompetent authority. It is accordingly set aside. This shall however not result in the immediate reinstatement of the petitioners. The issue of termination of the petitioners dated 1.10.2007 shall be deemed to be a pending matter which stands transferred to the Appellate authority. If the petitioners file an application before the Appellate authority within four weeks, the Appellate authority is required to hear and decide the matter afresh after hearing all concerned by a reasoned and speaking order. The petitioners in the peculiar facts of this case shall also have liberty to make any prayer for interim relief before the appellate authority which shall be decided at the earliest without unnecessary delay. In the peculiar facts of the case, this Court also consider it proper to direct the Appellate authority to finally dispose off the matter within a maximum period of six weeks from the date of presentation of the grievance by the petitioners. The writ application stands disposed off. P. Kumar (Navin Sinha, J.)