IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8616 of 2008 JAG NARAYAN SINGH, S/O SRI SIDDHA NATH SINGH, R/O VILLAGE+P.O.-KANCHARI, P.S.-RAJPUR, DISTRICT-BUXAR. ……………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER-CUM-SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, BUXAR. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, BUXAR. 5. THE BLOCK DEVELOPMENT OFFICER, RAJPUR, DISTRICT-BUXAR. 6. THE BLOCK EDUCATION EXTENSION OFFICER, RAJPUR, DISTRICT-BUXAR. 7. THE PANCHAYAT SECRETARY OF THE GRAM PANCHAYAT, HARPUR, P.S.-RAJPUR, DISTRICT-BUXAR. 8. THE MUKHIYA OF THE GRAM PANCHAYAT HARPUR, P.S.-RAJPUR, DISTRICT-BUXAR. 9. THE MUKHIYA OF THE GRAM PANCHAYAT, BARUAPUR, P.S.-RAJPUR, DISTRICT-BUXAR. 10. MR. SHYAM NARAYAN SINGH, S/O SRI MUKHLAL SINGH, R/O VILLAGE-KHADAWON, P.S.- DIYARA, DISTRICT-ROHTAS, AT PRESENT WORKING AS PANCHAYAT SIKSHAK IN NEWLY CREATED PRIMARY SCHOOL, ISHMAILPUR, P.S.-RAJPUR, DISTRICT-BUXAR. ……………RESPONDENTS. ----------- 2 16.08.2011 Petitioner has filed this writ application challenging an order of the Block Development Officer dated 03.03.2008 by which he has directed that the respondents no.10 be retained in Harpur Panchayat and the petitioner be considered for appointment in Barupur Panchayat. Petitioner would have agreed by this order had he been appointed in Barupur Panchayat 2 pursuant to the said order. However, the Mukhiya/Panchayat Secertary of the Barupur Panchayat through letter dated 08.04.2008 (Annexure-10) has informed the B.D.O. that there is no post in the Panchayat for backward male candidate. Thus, the petitioner has been thrown out on road. Learned counsel for the petitioner submits that the order was passed by the B.D.O. without any notice to the petitioner and only on the basis of some inquiry and report of some authorities which was held behind the back of the petitioner. There is nothing on record to show that the petitioner was noticed before the said order was passed. The wordings of the impugned Annexure-1 also does not belie the said stand of the petitioner. In the circumstances, the said order is quashed. However, as a result of quashing of the said order, the complaint of respondent no.10 and the proceeding before the respondents revives. Hence, in view of the subsequent Guidelines of the Government and after constitution of statutory Appellate Authority by amendment in Rule 18 3 of the Rules in 2008, the pending complaint of respondent no.10 and the entire connected records including the inquiry report are directed to be transmitted to the statutory Appellate Authority within four weeks from today. On receipt of the records, the Appellate Authority shall issue notice to the concerned parties including the complainant giving them opportunity to be heard, shall call for the relevant records from the concerned Panchayat, if necessary, and shall decide the matter in accordance with law after hearing the parties, positively within three months from the date of receipt of the records from the office of the B.D.O. However, On account of quashing of impugned order, petitioner will not be entitled to resume his duties and for his salary. Arvind/ ( J.N. Singh, J.)