IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.57 of 2011 BIDYADHAR GUPTA, son of late Banshidhar Gupta, resident of village – Mohanpur Karja, P S – Barhara, District - Bhojpur Versus 1. THE STATE OF BIHAR through the Principal Secretary, Panchayati Raj, Bihar, Patna. 2. The District Magistrate, Bhojpur, Ara. 3. The District Panchayati Raj Officer, Bhojpur at Ara. 4. Block Development Officer, Barhara, Bhojpur. 5. Sub Divisional Officer Sadar, Ara. 6. Sarpanch, Gram Kachhari, Barhara, Bhojpur. ----------- 2 22.6.2011 Heard learned counsel for the petitioner and learned counsel for the State. So far as Annexure-9, which is the order of the Sub Divisional Magistrate rejecting the so-called appeal by the petitioner is concerned, there is no infirmity in the same because appeal to the Sub Divisional Magistrate under section 13 of Bihar Gram Kutchery Nyaymitra Niyambali, 2007 is only against any complain in matter of selection and not removal. So far as the order of termination of the petitioner is concerned, who was appointed as a Nyaymitra, the Court records that such an appointment is a contractual appointment and there is provision of termination of service after giving a month’s notice. Since the post in question is not permanent in nature, therefore, if the authorities found that the work of the petitioner was not satisfactory and he was not rendering proper assistance in the capacity of Nyaymitra then powers are vested in the Surpunch to issue notice which was done in the present case 2 twice over, which the petitioner refused to accept. In the above stated circumstance, no interference is warranted with the order in question. Writ has no merit. It is dismissed. rkp ( Ajay Kumar Tripathi, J.)