IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11668 of 2009 JAI SHANKAR DAS, S/o Maheshwar Das, resident of village and P.O. Kewatsah, P.S. Gaighat, District –Muzaffarpur. ….. Petitioner. Versus 1. THE STATE OF BIHAR. 2. The District Magistrate, Muzaffarpur. 3. The District Superintendent of Education, Muzaffarpur, District – Muzaffarpur. 4. The Mukhia, Gram Panchayat Raj Kewatsah, P.O. Kewatsah, P.S. Gaighat, District – Muzaffarpur. 5. The Panchayat Secretary, Gram Panchayat Raj Kewatsah, P.O. Kewatsah, P.S. Gaighat, District – Muzaffarpur. 6. The Head Master, Primary School Kewatsah Haziran, P.O. Kewatsah, P.S. Gaighat, District – Muzaffarpur. …. Respondents. For the Petitioner : - Sri Bipin Bihari Singh, Advocate. For the State : - Sri Sunil Kr. Ravi, A.C. to G.P. 15. ----------- 02/ 07.11.2009 Heard counsel for the petitioner and counsel appearing for the State. Petitioner has prayed for quashing the order contained in Memo No. 2142 dated 23.5.2009, whereby petitioner, who is now absorbed on the post of Panchayat Teacher, his initial appointment as Panchayat Siksha Mitra has been cancelled. The District Magistrate, Muzaffarpur has recorded a finding that the petitioner’s appointment on the post of Panchayat Siksha Mitra had been made against a non-existing post as per the reservation roaster there was no post in the reserved category for male. Counsel for the petitioner submits that the impugned order is completely arbitrary and without jurisdiction and petitioner has now absorbed on the post of Panchayat Teacher in - 2 - terms of Rule 20 of Bihar Panchayat Primary Teachers Appointment and Service Conditions Rules, 2006. After petitioner’s absorption on the post of Panchayat Teacher under 2006 Rules the B.D.O. was the competent authority for passing any termination order, but on the date i.e. 23.5.2009 when the order was passed even the B.D.O. had no jurisdiction for passing such order. After coming into force 2008 Rules only competent authority for passing such order is District Teachers Employment Appellate Tribunal constituted at the district level under Rule 18 of 2008 Rules. Considering this fact, the impugned order contained in Memo No. 2142 dated 23.5.2009 is quashed. The District Magistrate, Muzaffarpur if so advised may refer the matter to the District Teachers Employment Appellate Tribunal, Muzaffarpur for proper adjudication. The tribunal will issue notices to all concerned including the petitioner and only after giving opportunity of hearing to the concerned persons, the order be passed in accordance with law preferably within the statutory period. DKS/ (Mridula Mishra, J.)