IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6282 of 2008 Sweeti Kumari @ Sweeti Choudhary, W/o Dharmendra Kumar Choudhary, a resident of Village Lakshminiya, P.S. Hathauri, District Samastipur…………………………………………………………..Petitioner Versus 1. The State Of Bihar. 2. Principal Secretary – cum - Commissioner, Department of Human Resources, Bihar, Patna. 3. Director, Primary Education, Department of Human Resources, Bihar, Patna. 4. District Magistrate, Samastipur. 5. Deputy Development Commissioner, Samastipur. 6. District Education Officer, Samastipur. 7. Sub-Divisional Officer, Roshra, Samastipur. 8. District Superintendent of Education, Samastipur. 9. Block Development Officer, Shivaji Nagar, Samastipur. 10. Block Education Extension Officer, Shivaji Nagar, Samastipur. 11. Mukhiya, Gram Panchayat- Raj Rahiyar Dakshin, Block Shivaji Nagar, District Samastipur. 12. Panchayat Sachiv, Gram Panchayat- Raj Rahiyar Dakshin, Block Shivaji Nagar, District Samastipur. 13. Sweta Kumari, W/o Indira Nand Choudhary, a resident of village Kankar, P.s. Hauthary, District Samastipur………………………….Respondents ----------- For Petitioner: Mr.Rajni Kant Jha, Advocate For State: Mr. Binay Kumar, A. C. to G.P.13 3 26.07.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. From the counter affidavit of respondent nos. 8 and 10 it appears that an enquiry was made and it was conclusively found that respondent no. 13 had been 2 illegally appointed by adding 5 marks as weightage by the Mukhiya over and above the weightage marks admissible to her. With this report, the matter has been referred to the District Magistrate, Samastipur by S.D.O. through his letter dated 19.01.2007. However, it is admitted that the District Magistrate has not passed any orders till now. The further stand of the respondents in the counter affidavit is that since the Appellate Authority has been constituted for resolving the dispute in respect of appointment on the post of Panchayat Teachers, it would be appropriate for the petitioner to approach the Appellate Authority as the provision has been made in the Rules that if any matter is pending before any authority of the Government, it should be referred to the Appellate Authority for a decision. After constitution of the Appellate Authority, no other authority of the Government has power to pass any order in respect of removal or otherwise of the Panchayat Teachers and it is only the Appellate Authority constituted under 2008 3 notification which has power to do so and all pending matters are required to be sent to the Appellate Authority. In the circumstances, this writ application is disposed of with a direction to the District Magistrate, Samastipur to transmit the matter along with the entire connected records to the concerned Appellate Authority within one month from the date of receipt/production of a copy of this order. Upon receipt of the records, the Appellate authority shall issue notice to the concerned parties, give them an opportunity to be heard and shall decide the matter in accordance with law positively within a period of three months from the date of receipt/production of a copy of this order. BT (J. N. Singh, J.)