IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1910 of 2008 Ashok Kumar Garg, Son of Sri Rama Kant Tiwari, Resident of village Usari, P.O. Akorhi, Block & P.S. Mohania, District Kaimur………………………………………………………………….Petitioner Versus 1. The State of Bihar 2. The District Magistrate, Kaimur 3. The District Superintendent of Education, Kaimur 4. The Block Education Extension Officer, Block Mohania, District Kaimur. 5. The Panchayat Sachiv, Gram Panchayat Usari, Block Mohania, P.S. Mohania, District Kaimur. 6. Mukhiya, Gram Panchayat Raj Usari, Village Usari, P.O. Akorhi, P.S. Mohania, District Kaimur. 7. Sri Nand Bihari Singh, son of Narendra Singh, resident of Village + P.O. Miriyan, P.S. District Kaimur, presently employed at Primary School, Maharon Kalan, Gram Panchayat Usari, Block Mohania, District Kaimur 8. Arbind Kuamr Singh, son of Sakaldip Singh, resident of Village Dhanihari, Block Durgawati, District Kaimur (Bihar)…........................Respondents ----------- 4 22.06.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. Along with I.A. No.7660 of 2010, petitioner has brought on record an order of the District Teacher Employment Appellate Authority dated 29.06.2010 by which the Authority, while cancelling appointment of Nand Bihari Singh and Kumari Nilam, directed for appointment of Arvind Kumar Singh and Mamta Kumari as Panchayat Teachers. 2 It was contended that said Arvind Kumar Singh was son-in-law of the present Mukhiya and it was wrongly represented by the Mukhiya before the Appellate Authority that Arvind Kumar Singh had higher marks in the Intermediate than petitioner, on account of which the Appellate Authority directed for his appointment. The interlocutory application was considered on 23.09.2010 and said Arvind Kumar Singh was directed to be added as respondent no.8 in the case. This Court also passed interim order restraining respondents from accepting joining of Arvind Kumar Singh and disbursing his salary awaiting further orders of this Court. Notices have been issued to said Arvind Kumar Singh. Said Arvind Kumar Singh has appeared in the case through his lawyer and has also filed a counter affidavit. However, today no one is present in the Court to assist in the matter on his behalf. Since petitioner has raised grievance that the order of the Appellate Authority is vitiated on account of misrepresentation of fact by the Mukhiya before it, this Court 3 considers it appropriate that the matter should be reconsidered by the Appellate Authority. In the circumstances, this Court grants liberty to the petitioner to file an application before the Appellate Authority within four weeks from today for review of the said order dated 29.06.2010. If such an application is filed, the Appellate Authority shall register the same, call for the original records in respect of irregularity committed in the entire selection process, examine the same and shall also issue notice to the parties and, thereafter pass a fresh order in accordance with law, on the basis of materials and facts available on the record. The writ application is disposed of with the aforesaid observations and directions. Till the fresh orders are passed by the Appellate Authority, the interim order passed by this Court on 23.09.2010 shall continue. BT (J. N. Singh, J.)