IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12394 of 2009 SHASHI SHANKAR . Versus THE STATE OF BIHAR & ORS . ----------- 2 4.12.2009 Heard Counsel for the petitioner and the counsel appearing for the State. Petitioner has prayed for quashing the order passed by the Panchayat Secretary and communicated to him vide memo no. 58 dated 10.6.2009. By this order the earlier termination order issued in favour of the petitioner has been affirmed. It transpires that earlier petitioner had moved before this Court for quashing of his termination order and for a direction to make payment of salary by filing CWJC No.5551 of 2007. The matter was remitted back to the Collector, Vaishali at Hazipur to pass necessary order within a period of three months from the date of submission of the application by the petitioner. The Collector, Vaishali instead of deciding the matter himself referred it to the District Superintendent of Education to conduct an inquiry and finally the matter was decided by the Panchayat Secretary, whereby the earlier termination order has been affirmed. I find that the Collector, Vaishali at Hazipur 2 has committed jurisdictional error by referring the matter to the District Superintendent of Education or the Panchayat Secretary. Since the matter was not decided by the Collector,Vaishali within the time allowed by the Court, it was proper for him to refer the matter to the District Teachers Employment Appellate Tribunal, Vaishali in view of Rule 18 of 2008 Rules. Panchayat Secretary has no jurisdiction to decide such issue. Accordingly, the order passed by the Panchayat Secretary and communicated vide memo no. 58 dated 10.6.2009 is quashed. Petitioner is directed to file an appeal before the District Teachers Employment Appellate Tribunal, Vaishali within one month from today. In case of filing such an appeal, the Appellate Tribunal will decide the matter relating to payment of salary as well as termination of the petitioner within the statutory time by passing an order in accordance with law. (Mridula Mishra,J.) A.Kumar