IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1449 of 2009 RAJESH KUMAR CHOUDHARY . Versus THE STATE OF BIHAR & ORS . ----------- 02/ 18/02/2010 Learned counsel for the petitioner is permitted to implead the District Magistrate, Banka as respondent No.9. Heard learned counsel for the petitioner and learned counsel for the State. It is submitted that the petitioner filed Service Appeal No.43 of 2008 aggrieved by the order of the Sub-divisional Magistrate dated 11.1.2008. The District Magistrate referred the matter for decision to the District Panchayat Raj Officer who has ruled in favour of the petitioner notwithstanding which respondent No.8 was not being unseated. Statutory power of appeal against that order is vested in the District Magistrate or an officer nominated by him not below the rank of Additional District Magistrate. To that extent, there is no occasion for this Court to interfere with the order of the District Magistrate dated 5.12.2008. As a natural corollary the appeal of the petitioner, Service Appeal No.43 of 2008 is restored to its original file and the statutory authority under Rule-13 is now required to dispose of the same by a reasoned and speaking order after hearing all concerned within a maximum period of three months from the date of receipt/production of a copy of this order. If the appellate authority opines to allow the appeal, he shall also be adequately required to consider the issue for extension of the tenure of the appointment that the petitioner may have wrongly been denied the benefit. The application stands disposed of. KC/ ( Navin Sinha, J.)