IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16446 of 2008 SARASWATI KUNWAR, W/O LATE RABINDRA RAM, R/O VILLAGE-AFAUR, P.O.-AFAUR, P.S.-KHAIRA, BLOCK-NAGRA, DISTRICT-SARAN (CHAPRA). …………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA. 4. THE DISTRICT MAGISTRATE, SARAN AT CHAPRA. 5. THE DIVISIONAL COMMISSIONER, SARAN DIVISION AT CHAPRA. 6. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM- CHAIRAMAN, DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, SARAN AT CHAPRA. 7. THE BLOCK DEVELOPMENT OFFICER, NAGRA, DISTRICT-SARAN. 8. THE BLOCK EDUCATION EXTENSION OFFICER, NAGRA, DISTRICT-SARAN. 9. THE BLOCK EDUCATION EXTENSION OFFICER, JALALPUR-2, DISTRICT-SARAN. 10. THE PRAKHAND PRAMUKH, NAGRA PRAKHAND, DISTRICT-SARAN. 11. THE MUKHIYA OF GRAM PANCHAYAT RAJ AFAUR, ANCHAL-NAGRA, DISTRICT-SARAN. 12. THE PANCHAYAT SECRETARY OF GRAM PANCHAYAT RAJ AFAUR, ANCHAL-NAGRA, DISTRICT-SARAN. ……………RESPONDENTS. ----------- 2 01.08.2011 Petitioner’s services as Panchayat Teacher was dispensed with in 2008 by the then B.D.O. who was exercising the appellate power at that time under the Rules. It is submitted that the B.D.O. has passed orders without any show cause notice to the petitioner and in complete violation of Principles of Natural Justice. 2 Learned counsel for the petitioner submits that the petitioner is ready to approach the statutory Appellate Authority as constituted by amendment 2008 in the Rules and it may be directed to consider the matter on merits. In the circumstances, the writ application is disposed of with liberty to the petitioner to approach the newly constituted Appellate Authority as per 2008 amendment in the Rules within four weeks from today. If he does so, the Appellate Authority shall call for the original records, issue notice to the parties, giving them opportunity to be heard and shall decide the matter on merits within two months thereafter, without going into the question of limitation. It is made clear that the Appellate Authority shall decide the matter on merits without being swayed away by the order of the B.D.O. Arvind/ ( J.N. Singh, J.)