IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8428 of 2008 Lakshman Mahto, son of Sri Ram Tahal Mahto, resident of village Tatuar, P.S. Manigachhi, District Darbhanga, Assistant Teacher, Navin Prathmik Vidyalaya Jamuridih Lagma, P.S. Ghanshyampur, District Darbhanga…………………Petitioner Versus 1. The State Of Bihar through the Principal Secretary, Human Resources Development Department, New Secretariat, Patna. 2. The District Magistrate, Darbhanga at Laheriasarai, District Darbhanga. 3. The Block Development Officer, Ghanshyampur, District Darbhanga. 4. The Block Education Extension Officer, Block Ghanshyampur, District Darbhanga. 5. Panchayat Sachiva, Gram Panchayat Raj Lagma, Block Ghanshyampur, District Darbhanga. 6. The Mukhiya, Gram Panchayat Raj Lagma, P.S. Ghanshyampur, District Darbhanga. 7. Dilip Kumar Rai son of S.K. Rai, resident of Village Ghanshyampur, P.S. Ghanshyampur, District Darbhanga…………………………………….………Respondents ---------------------------------- For the Petitioner: Mr. Durga Nand Jha, Advocate For the State: G.P.7 3 11.08.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. Petitioner is aggrieved by the order of the Block Development Officer dated 08.02.2008 by which appointment of the petitioner has been cancelled and in his place, another person has been recommended for appointment. This Court considers it appropriate that the petitioner should 2 move the statutory Appellate Authority constituted under the Rules now in terms of 2008 Amendment. In the circumstances, the writ application is disposed of with liberty to the petitioner to file representation / appeal before the concerned Appellate Authority within four weeks from today. If he does so, the Appellate Authority shall call for the original records, if necessary, issue notice to the concerned parties giving them opportunity to be heard and shall decide the matter in accordance with law preferably within two months from the date petitioner approaches the Authority. The Appellate Authority shall consider the matter on its own merit and shall not take into account the orders passed by the Block Development Officer. BT (J. N. Singh, J.)