IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13918 of 2010 NANDITA KUMARI D/O LATE GANESH PRASAD, W/O SHRI SHATRUGHAN SAH R/O VILL.- MEERHATA, P.O. BANKAT, P.S.- BHAGWANPUR HAT, DISTT.- SIWAN. ……. PETITIONER Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, PANCHAYATI RAJ DEPARTMENT GOVT. OF BIHAR, PATNA 3. THE DIRECTOR, PANCHAYATI RAJ DEPARTMENT GOVT. OF BIHAR, PATNA 4. THE DIVISIONAL COMMISSIONER SIWAN DIVISION AT CHAPRA 5. THE DISTRICT MAGISTRATE, SIWAN 6. THE DISTRICT PANCHAYAT RAJ OFFICER, SIWAN 7. THE SUB-DIVISIONAL OFFICER, MAHARAJGANJ, DISTT.- SIWAN 8. THE BLOCK DEVELOPMENT OFFICER BHAGWANPUR HAT, DISTT.- SIWAN 9. THE BLOCK PANCHAYAT RAJ OFFICER-CUM-NODAL OFFICER BHAGWANPUR HAT, DISTT.-SIWAN 10. GRAM KUTCHERI, GRAM PANCHAYAT RAJ GOPALPUR ANCHAL- BHAGWANPUR HAT, DISTT.- SIWAN, REPRESENTED THROUGH ITS SARPANCH 11. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ GOPALPUR, ANCHAL- BHAGWANPUR HAT, DISTT.- SIWAN 12. MUNNA KHATOON W/O ABDUL HAMID ANSARI R/O VILL.- ARUWA, P.S.- BHAGWANPUR HAT, DISTT.-SIWAN, AT PRESENT POSTED AND WORKING AS GRAM KUTCHERI SECRETARY, GRAM PANCHAYAT RAJ, GOPALPUR, DISTT.- SIWAN ----------- FOR THE PETITIONER :MR.UMESH KR.MISHRA,ADV. FOR THE STATE : S.C.-2 ----------- 2. 16/03/2011 Petitioner was appointed as Gram Kutcheri Secretary. She is aggrieved by the order dated 5.12.2009 passed by the Block Development Officer, as contained in Annexure-13, by which, on account of some letters of the Department, her engagement has been cancelled and one Munna Khatoon has 2 been ordered to be engaged in her place. Submissions of learned counsel for the petitioner are three fold, namely, (i) that the order was passed in violation of Principles of Natural Justice as the petitioner was not noticed; (ii) that the Block Development Officer had no authority to pass order of cancellation of engagement of any Gram Kutcheri Secretary in terms of the Rules; and (iii) that the said Munna Khatoon did not participate in the counselling and thus her name did not find place in the final merit list prepared. He submits that Rules provide that the power to cancel the engagement of Gram Kutcheri Secretary is with the Sub-Divisional Officer and against the order of Sub-Divisional Officer, appeal is provided before the Collector. Writ application was filed on 23.8.2010 with service of copy of the same in the office of the learned Advocate General. However, no counter affidavit has been filed. Prima facie all the three submissions of learned counsel for the petitioner appear 3 to be correct. However, since appeal is provided before the Collector where matter may be considered and decided expeditiously, this Court directs the petitioner to file an appeal before the Collector within four weeks from today. If such an appeal is filed by the petitioner, the same shall be considered by the Collector in accordance with law, submissions of petitioner noted above and other issues raised in the memo of appeal shall also be considered and final orders shall be passed on merits within a period of two months from the date of filing of the appeal, after hearing the parties, without going into the question of limitation. It is obvious that if the appeal of the petitioner is allowed, she must be ordered to be reinstated at once. With the aforesaid observations and directions, this writ application is disposed of. Pradeep/ ( J. N. Singh,J.)