IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9554 of 2008 MD.SAHID HUSSAIN, S/O SAIB ALAM, R/O VILLAGE- BATARBADI, P.S.-TARABARI, DISTRICT-ARARIA. …………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE DISTRICT MAGISTRATE, ARARIA. 2. THE DISTRICT SUPERINTENDENT OF EDUCATION, ARARIA, DISTRICT-ARARIA. 3. THE SUB-DIVISIONAL OFFICER, ARARIA, DISTRICT-ARARIA. 4. THE BLOCK DEVELOPMENT OFFICER, ARARIA BLOCK, DISTRICT-ARARIA. 5. THE BLOCK EDUCATION EXTENSION OFFICER, ARARIA BLOCK, DISTRICT-ARARIA. 6. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ BATARBADI, ARARIA BLOCK, DISTRICT- ARARIA. ……………RESPONDENTS. ----------- 3 05.09.2011 Petitioner is aggrieved by the order of the B.D.O. dated 10.06.2008 by which the B.D.O. as an Appellate Authority has directed for fresh counselling to be held in the Panchayat for appointment of Panchayat Teachers. Learned counsel for the petitioner submits that no notice was issued to the petitioner to show cause as to why his engagement be not cancelled. It is submitted that only on the basis of complaint filed by some candidates the order for fresh counselling has been passed behind the back of the petitioner and other appointed teachers. A counter affidavit has been filed in the case. Learned counsel for the respondents submits that at the relevant time the B.D.O. was the Appellate 2 Authority under the Rules and he passed order only for re-counselling. It is also submitted that the appointment of the petitioner was not cancelled and only order for re-counselling was passed and if in the re-counselling petitioner is found eligible he may continue in service. Learned counsel for the petitioner submits that he has no information as to what steps have been taken by the appointing agency of the Panchayat after this order of the B.D.O. However, he submits that he has also no information whether the petitioner’s appointment has been cancelled or not. In the circumstances, this writ application is disposed of with liberty to the petitioner that, if on the basis of re-counselling, he is removed from service, he may challenge the said order before the Appellate Authority constituted under the Rules in terms of 2008 amendment, in accordance with law. Arvind/ ( J.N. Singh, J.)