IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8498 of 2010 1. ARUN KUMAR S/O LATE DHORHAI PRASAD YADAV R/O VILL BAIDNATHPATTI, P.O.SIMRAHA, P.S. SHARSA, DISTT-SAHARSA Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE SAHARSA 3. THE DEPUTY DEVELOPMENT COMMISSIONER SAHARSA 4. THE EXECUTIVE ENGINEER, RURAL DEVELOPMENT DEPARTMENT OF BIHAR, DIVISION SAHARSA-1, DISTT-SAHARSA 5. THE BLOCK DEVELOPMENT OFFICER BLOCK-KAHRA, DISTT-SAHARSA 6. THE ASSISTANT ENGINEER, RURAL DEVELOPMENT DEPARTMENT OF BIHAR, SUBDIVISION-1 SAHARSA, DISTT-SAHARSA 7. THE JUNIOR ENGINEER, RURAL DEVELOPMENT DEPARTMENT OF BIHAR, BLOCK-KAHRA, DISTT- SAHARSA ----------- 2 28.03.2011 Petitioner is aggrieved by an order of the Deputy Development Commissioner, Saharsa dated 27.03.2010, as contained in Annexure-5, by which, his engagement as Panchayat Rozgar Sewak of Gram Panachayat, Bariyahi has been cancelled. Learned counsel for the petitioner submits that he was only in additional charge of this Gram Panchayat and his substantive appointment was in Gram Panchayat, Diwari. He submits that though nothing has been mentioned in this Annexure-5 with regard to his engagement in Diwari Gram Panchayat, but, in implementation of this order he has been 2 removed from that Gram Panchayat also. This Court finds that the order of the Deputy Development Commissioner has been passed on some orders of the Collector. Therefore, this Court grants liberty to the petitioner to file a representation before the Divisional Commissioner challenging the said order of his disengagement within four weeks from today. If he files such a representation, the Divisional Commissioner will enquire as to which authority is empowered under law to hear appeal against such order as Annexure-5. If he finds that any authority, other than himself, is authorized to hear appeals in such matters, he shall transmit the representation of the petitioner to that authority for consideration with due intimation to the petitioner. If he does not find that any specific authority is authorized to consider an appeal in such matters, he shall consider the representation of the petitioner, hear the parties and shall pass appropriate orders in accordance with law. If he hears the matter himself, he shall decide the same, after hearing the parties, within three 3 months from the date of receipt/production of a copy of this order. If he transmits the representation of the petitioner to any other authority, that authority shall also decide the matter within three months after hearing the parties. With his representation, petitioner may file a petition before the Divisional Commissioner for interim order to allow him to function as Panchayat Rozgar Sevak for Gram Panchayt, Diwari. The Divisional Commissioner shall ask for report from the concerned officers in this respect and, if he finds that there is no order of cancellation of his engagement in respect of Gram Panchayat, Diwari, he shall pass appropriate orders for continuance of the petitioner in that Gram Panchayat. Arvind/ ( J. N. Singh, J.)