IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4427 of 2009 SEEMA GUPTA Versus THE STATE OF BIHAR & ORS ----------- 2. 09.04.2009 Heard leaned Counsel for the petitioner and the learned Counsel for the State. The petitioner, A Panchayat Shikshak appointed on 22.1.2007 in the Primary School Nav Sirjit Harizan School, Harizan Tola of Nachap Panchayat, District Buxar, is aggrieved by the order dated 6.3.2007 passed by the District Magistrate terminating her services. Learned Counsel submits that quite apart from the issue of the order of cancellation being ex parte and without notice or opportunity to show cause to the petitioner, the order is completely without jurisdiction under rule 18 of the Bihar Primary Teachers (Appointment and Service Condition) Rules 2006. Under Rule 18 of the aforesaid Rules the Block Development Officer is the statutory authority to decide the issues of appointment, transfer and other service conditions of Panchayat Teacher. An order passed by an authority other than the statutory authority is vitiated and has no sanctity in law at all. Learned counsel for the State finds himself in quandary and was unable to answer the issue of law. The impugned order dated 6.3.2007 is quashed as being without jurisdiction. The petitioner shall be entitled to full consequential benefits. The writ application stands allowed. Snkumar/- (Navin Sinha,J.)