IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1075 of 2010 1. MAHESH JHA S/O RAMANAND JHA R/O VILLAGE AND P.O.- AKHTIYARPUR, P.S.- SARAIRANJAN, DISTT.- SAMASTIPUR VERSUS 1. THE STATE OF BIHAR 2. THE SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, PATNA 3. THE DISTRICT MAGISTRATE SAMASTIPUR 4. THE DISTRICT SUPERINTENDENT OF EDUCATION SAMASTIPUR 5. THE BLOCK DEVELOPMENT OFFICER SARAIRANJAN BLOCK, DISTT.- SAMASTIPUR 6. THE BLOCK EDUCATION OFFICER SARAIRANJAN BLOCK, DISTT.- SAMASTIPUR 7. THE MUKHIYA MEMBER OF SUKH SUBIDHA COMMITTEE OF GRAM PANCHAYAT RAJ AKHTIYARPUR BALBHADRA, P.S.- SARAIRANJAN, DISTT.- SAMASTIPUR 8. THE SECRETARY MEMBER OF SUKH SUBIDHA COMMITTEE OF GRAM PANCHAYAT RAJ AKHTIYARPUR BALBHADRA, P.S.- SARAIRANJAN, DISTT.- SAMASTIPUR ----------- 02 21.06.2010 The petitioner was appointed as Siksha Mitra and later absorbed as Panchayat Teacher. On absorption as Panchayat Teacher his appointment criteria were scrutinized by the Panchayat, who found irregularity therein. Noticing those irregularities, petitioner has been served with letter of termination dated 15.12.2009, as contained in Annexure-6, signed by the Mukhiya and the Secretary of the said Gram Panchayat. Petitioner has challenged the same, inter alia, on the ground that the authority to terminate appointment is vested in Rule 18 of the Bihar Panchayat Teachers (Appointment and Service Conditions) Rules, 2006 upon the Appellate Tribunal. In my view, the submission is misconceived. Rule 4 of the said Rules clearly stipulates that the appointing authority is the Panchayat. Rule 16 further shows that they have to be paid - 2 - through Panchayat. Rule 14 further shows that the service book has to be maintained by the Gram Panchayat concerned. Thus, for all purposes the administrative and the disciplinary control vests with the Gram Panchayat. It also being the appointing authority, finding irregularity has the authority to terminate. The reading of Rule 18 would show that Rule 18 constitute an appellate authority and not an authority exercising original jurisdiction. Petitioner, if aggrieved, by the order of the Gram Panchayat would have remedy before the appellate authority as constituted under Rule 18 of the Rules aforesaid. Petitioner should first avail of the said statutory remedy, as available to him, before coming to this Court. Learned counsel for the petitioner seeks leave to withdraw this writ application to prefer appeal before the appellate authority, as noted above. Leave is granted. The appellate authority would endeavour to dispose of the said appeal expeditiously preferably within a period of three months. The writ application is dismissed as withdrawn. Trivedi (Navaniti Prasad Singh, J.)