IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3883 of 2009 Ranjeet Kumar, son of Jeorakhan Singh, resident of village Bhagwanpur, P.S. Tekari, District- Gaya, presently Panchayat Teacher at Primary School, Law Garhpar, P.S. Tekari, District- Gaya ………… Petitioner Versus 1.The State Of Bihar through the District Magistrate, Gaya 2.The Block Development Officer, Tekari, Gaya 3.The Panchayat Sewak, Law Garh Panchayat, P.S.- Tekari, District- Gaya 4.Shail Kumari, Mukhiya of Gram Panchayat Law P.O. and P.S. Tekari, District- Gaya 5.Member of Panchayat Teacher Selection Committee, Gram Panchayat Law, P.O. & P.S. Tekari and District- Gaya 6.Avinash Kumar, son of Surajmani Sharma, resident of village Cheya, P.S. Wazirganj, District- Gaya ………….. Respondents ----------- For the Petitioner : M/s Ashok Chaudhary & Manish Kumar No.2, Advocates For the State : Mr.Sanstosh Kumar Singh,S.C.22 For Pvt.Respondent : Mr.Dhirendra Kumar Jha-2,Adv. ----------- 3. 17/08/2010 Petitioner has challenged the order passed by the District Teachers Employment Appellate Authority, Gaya dated 12.2.2009, as contained in Annexure-4. The order shows that the Appellate Authority has not passed any order on merits and has left the matter undecided with liberty to the concerned parties to raise the matter before this Court. Obviously, the Appellate Authority has not exercised its statutory powers. It is noticed in the order that the respondent had 2 moved this Court in C.W.J.C.No.7226 of 2008 against appointment of the petitioner, which was disposed of by order dated 5.5.2008 with liberty to the respondent to raise his grievances before the Block Development Officer, Tekari, who was authority at that time to entertain the complaints. The matter remained pending with the Block Development Officer and with effect from 25.8.2008 his powers were seized and the appellate powers were vested with the Appellate Authority constituted under the Act. Inspite of the same, the Block Development Officer passed orders on 27.11.2008 in favour of the respondent. The impugned order mentions that the Block Development Officer should have brought this to the notice of this Court that he was no longer empowered in law to entertain complaints, which he did. After observing this and certain factual aspects in respect of preparation of the select list, the Appellate Authority has left it open to the concerned parties to move this Court. Obviously, this is failure on the part of the Appellate Authority to exercise its statutory powers and decide the matter on merits. 3 In the circumstances, impugned order (Annexure-4) is quashed and the matter is remitted back to the concerned Appellate Authority to decide the same on merits by a speaking order within the statutory period. While deciding the mater on merits, the Appellate Authority shall not be swayed away by the order of the Block Development Officer or any other order and will strictly confine to the merits of the case. Parties will appear before the Appellate Authority on or before 6th September, 2010 for the purpose, failing which the Appellate Authority will be at liberty to proceed ex-parte against non- appearing parties. The writ application is disposed of with the aforesaid observations and directions. Pradeep/ ( J. N. Singh,J.)