IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10074 of 2008 Renu Kumari, W/O Sri Jay Krishna Kumar, R/O Village Kishunganj (Ram Bag), P.S.- Udakishunganj, District- Madhepura ……. Petitioner Versus 1.The State Of Bihar 2.The Commissioner-cum-Secretary, Human Resources Development Department, Bihar, patna 3.The Director, Primary Education, Bihar, Patna 4.The Regional Deputy Director of Education, Koshi Division, Saharsa 5.The District Magistrate, Madhepura, District- Madhepura 6.The District Superintendent of Education, Madhepura 7.The Block Development Officer, Block Udakishunganj, District- Madhepura 8.The Block Education Extension Officer, Block Udakishunganj, District- Madhepura 9.The Panchayat Secretary, Panchayat Udakishunganj, Block Udakishunganj, District- Madhepura 10.The Mukhiya, Panchayat Udakishunganj Block Udakishunganj, District- Madhepura ………Respondents ----------- 2. 11/10/2010 Through I.A.No.9126 of 2010, petitioner has brought on record the order dated 6.3.2010 passed by the Appellate Authority in Appeal No.112 of 2009. The order shows that the Appellate Authority has simply accepted that under the orders of the R.D.D., Kosi Division, Saharsa, services of the petitioner and others already stand terminated. Petitioner has sought to challenge this order of the Appellate Authority through this I.A. The I.A. is allowed. Petitioner is granted such liberty. 2 Learned counsel for the petitioner has challenged the said order of the Appellate Authority as well as order of the R.D.D., as contained in Annexure-1, by which R.D.D. has issued directions for terminating the services of the petitioner and others as Panchayat Shikshak. He submits that neither the R.D.D. nor the Appellate Authority had complied with the Principles of Natural Justice and had not given any opportunity to any of the candidates to be heard in the matter before terminating their services. He also submits that under the Rules, the R.D.D. has no power to issue any order of termination of services of Panchayat Shikshak and it is only the Employment Agency or the Appellate Authority under the Rules, who have power to examine the validity and legality of appointment of any Panchayat Shikshak and pass appropriate orders. Writ application was filed on 11.7.2008. However, no counter affidavit has been filed till date. Learned counsel for the respondents does not deny that the orders do not show that any notice was issued to any of the candidates 3 and they were given opportunity to be heard before the orders were passed. From 2006 Rules, it is apparent that the R.D.D. has not been assigned any power in the matter of appointment of Panchayat Shikshak and deal with their service conditions. The order of the R.D.D. as well as the order passed by the Appellate Authority also does not show that any notice was issued to any of the Panchayat Shikshaks with opportunity to them to be heard in the matter before the orders of their termination were passed. It is also clear that the Appellate Authority, constituted under Rule 18 of 2006 Rules, is a statutory authority and exercises quasi judicial powers and cannot just simply depend on orders of any administrative authorities and make the said order as basis for disposal of matters before it. Therefore, apparently, the Appellate Authority has failed to exercise its quasi judicial powers in coming to the final conclusion with regard to the validity or otherwise of appointment of the persons concerned, by simply endorsing the order passed by the R.D.D. in respect of their termination. 4 The order of the Appellate Authority is, therefore, per se illegal on account of violation of Principles of Natural Justice as well as on account of failure on its part to exercise its jurisdiction. The same is, therefore, set aside and the matter is remitted back to the Appellate Authority with a direction to it to consider the matter on merits after hearing the concerned parties and decide the same in accordance with law preferably within a period of two months from the date of receipt/production of a copy of this order. It is made clear that the findings and conclusions of the R.D.D. in his order dated 6.3.2008 shall not be considered and relied upon by the Appellate Authority for coming to any conclusion. Naturally, the follow up orders issued by the Panchayat Secretary pursuant to the said order of the R.D.D. shall also not be given effect to or taken into consideration. The writ application is disposed of. Pradeep/ (J. N. Singh, J.)