IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11916 of 2009 PRABHAKAR KUMAR SINGH, S/o- Late Rampadarath Singh, R/o- Vill- Katarmala, P.O.- Katarmala, P.S.- Nima Chand Pura, Block-office- Dandari, District- Begusarai :----------Petitioner. Versus 1. THE STATE OF BIHAR 2. The Secretary, Deppt. Of Panchayati Raj, Bihar Secretariat, Patna. 3. The Divisional Commissioner, Munger Division, Munger. 4. The District Magistrate, Begusarai. 5. The Block Development Officer, Dandari, Dist- Begusarai 6. The Sarpanch, Gram Kachhari, Katarmala South, under Block- Dandari, District- Begusarai :---- Respondents. ----------- 02. 10.09.2009. Heard learned counsel for the petitioner and the State. 2. Petitioner was appointed as Secretary of the Gram Kutchery, Katarmala Panchayat in the district of Begusarai. He is aggrieved by the direction of the Block Development Officer, Dandari contained in order dated 12.8.2009, Annexure-2, whereunder the learned Block Development Officer directed the Sarpanch South, Katarmala to terminate the services of the petitioner from the post of Secretary of the Gram Kutchery and in compliance thereof the learned Sarpanch terminated the services of the petitioner by passing order on the same date i.e. 12.8.2009 and the two orders are contained in Annexure-2 series. It is submitted on behalf of the petitioner with reference to the instructions of the State Government contained in letter no. 3933 dated 21st August, 2007, Annexure-9 that the appointment of the Secretary of the Gram Kutchery is required to be made after approval of the roster clearance by the Divisional Commissioner and petitioner was appointed as Secretary of the Gram Kutchery South Katarmala only after the roster was cleared by the Divisional Commissioner and in such view of the matter the Block - 2 - Development Officer, Dandari ought not to have issued the direction to terminate the services of the petitioner and termination of the services of the petitioner by the Sarpanch of South Katarmala is wholly without jurisdiction. 3. Let the petitioner file a representation before the competent authority/District Magistrate, Begusarai assailing the aforesaid two orders dated 12.08.2009, Annexure-2 in the light of the submission noted above that his appointment was made after obtaining roster clearance from the Divisional Commissioner as is provided in the circular letter of the State Government dated 21st August, 2007, Annexure-9 and if the submissions noted above is found correct by the competent authority/District Magistrate then the two orders dated 12.08.2009, Annexure-2 series be set aside by passing an order in accordance with law as early as possible in any case within a period of one month from the date of receipt of the representation along with the certified copy of this order. 4. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha, J.)