IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4530 of 2010 1. SUROYA NARAYAN PASWAN S/O BILTU PASWAN R/O VILL.- KULHARIYA, P.S. BABUBARAHI, DISTT.- MADHUBANI – Petitioner. Versus 1. THE STATE OF BIHAR THROUGH THE DIRECTOR OF PANCHAYATI RAJ BIHAR, PATNA 2. THE DISTRICT MAGISTRATE MADHUBANI 3. THE DISTRICT PANCHAYAT RAJ OFFICER MADHUBANI 4. THE S.D.M. MADHUBANI 5. THE B.D.O. CUM NODAL OFFICER BABUBARAHI 6. THE SARPANCH OF GRAM KACHAHARI KULHARIYA BABUBARAHI – Respondents. 2 3.5.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. Annexure 3 is the minutes of the meeting held by the committee under the Bihar Gram Kachahari Secretaries (Employment, Service Conditions and Duties) Rules, 2007. Rule 6 of the said rules deals with the manner of appointment of Gram Kachahari Secretaries. Rule 6.6 envisages that there shall be a committee which will make appointment and also take any action against the Secretaries who are not performing their duties. Rule 11 envisages the grounds on which Gram Panchayat Secretaries can be removed. It also envisages that the committee constituted under rule 6.6 will take action against the Secretaries who do not fulfil their conditions of service. The main contention of the petitioner is that the committee formed under rule 6.6 of 2007 Rules has not taken any decision with respect to the allegations levelled vide Annexure 2. The order contained in Annexure 2 has been passed by the District Magistrate, Madhubani in which he has specifically stated that the petitioner remained absent from work. It has also been stated that the committee 2 has taken a decision to terminate the services of the petitioner. The main submission of the petitioner is that there is no decision of the committee and that he was never issued a show cause notice by the committee. This court directs that the District Magistrate, Madhubani will call for the records and affirm the fact whether any show cause was issued to the petitioner under rule 8.3 of 2007 Rules in lieu of the decision of the committee to terminate the service of the petitioner and pass an appropriate order. In case the District Magistrate finds that no show cause notice has been issued to the petitioner, then he should refer the matter back to the committee under rule 6.6. which will take appropriate steps and issue notice to the petitioner and thereafter pass an order with respect to the allegations levelled against the petitioner. In case the District Magistrate finds that in fact notice was issued and the petitioner was present and heard by the committee under rule 6.6 of the Rules, or that his show cause was considered by the committee, then no further orders need be passed by the District Magistrate. The entire matter should be disposed of within a period of four months from the date of receipt/production of a copy of this order before the District Magistrate, Madhubani. This writ petition is disposed of with the aforesaid observations haque (Sheema Ali Khan, J.)