IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6543 of 2009 MD.NASIM AHMAD, S/O MD. MOHSIN ALI, EX-MUKHIYA, VILLAGE-SAKRAILI, POLICE STATION-SEMAPUR, DISTRICT- KATIHAR …………. ………. ……PETITIONER Versus 1. THE STATE OF BIHAR 2. THE District Magistrate, Katihar 3. The D.D.C., Katihar 4. The District Superintendent of Education , Katihar 5. The Block Development Officer , Barari, P.S.- Barari, District-Katihar 6. The B.E.E.O. , Barari, P.O. Barari, District-Katihar 7. Sri Gopal Mandal, son of Anup Lal Mandal, Mukhiya, Sakraili Gram Panchayat, P.S.-Barari, P.O. Semapur, District-Katihar 8. Sri Bishundeo Ravidas , Secretary (Sachiv) Sakraili Gram Panchayat, P.O. Semapur, P.S. Barari, District-Katihar 9. Md. Taufique Alam, son of Md. Manir Alam, village-Dumariya Sukhasan, P.S.-Sukhasan, P.S.- Sukhasan, District-Katihar ………………….. Respondents. ----------- 2. 22.06.2009 Heard learned counsel for the petitioner and the counsel appearing for the state. Petitioner has filed this application for a direction to the respondent-authorities to appoint him on the post of Panchayat teacher in Sakraili Gram Panchayat in the district of Katihar. Specific case of the petitioner is that the petitioner has got more marks than respondent No. 9 but ignoring his marks and qualification, respondent No. 9 was appointed on the post of Panchayat teacher. Challenging this appointment, he filed his appeal before the appellate authority vide Appeal Case No. 47/08. An inquiry was also conducted in this regard in which it was found that the marks obtained by the petitioner are higher than the marks obtained by respondent No. 9. The appellate authority, instead of passing a 2 reasoned order, has simply disposed it of, taking the plea that by the Mukhiya of Sakraili Gram Panchayat, relevant records of the case were not produced either before him or before the other concerned authorities. The appellate authority, however, in the impugned order has observed that the illegality is apparent so far as appointment of Panchayat teachers, in Sakraili Gram Panchayat is concerned. I fail to understand that how the appellate authority instead of deciding the case of the petitioner by a reasoned order, directed him to move before the High Court without properly exercising the power vested in the appellate forum. Appellate authority must have exercised their power and instead of directing the petitioner to move before the High Court should have decided the issue, specially when the appellate authority was of the view that illegalities are apparent in the appointment of teachers in the year, 2006. The impugned order (Annexure-5) passed by the appellate authority in Appeal Case No. 47/08 is quashed. This matter is remitted back to the Appellate Tribunal , Katihar for deciding petitioner’s case on merit by a reasoned order. The Mukhiya and Secretary of Sakraili Gram Panchayat are directed to produce all relevant and concerned documents/records before the appellate forum for deciding this case on merit. The appellate authority will pass order within six months from the date of presentation/communication of this order. akv/ ( Mridula Mishra, J )