IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9650 of 2009 SMT.BULBUL SINHA W/O SRI SHEKHAR KUAMR SINHA, VILLAGE MASDAHA, P.S. DANAURA, P.S. RASLPUR, KAHALGAON, DISTRICT BHAGALPUR …. PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, PANCHAYATI RAJ DEPARTMENT, GOVT.OF BIHAR, PATNA 2. THE DISTRICT MAGISTRATE, BHAGALPUR 3. THE BLOCK DEVELOPMENT OFFICER, KAHALGAON, DISTRICT BHAGALPUR 4. THE DISTRICT PANCHAYAT RAJ PADADHIKARI, BHAGALPUR 5. THE SARPANCH, VILLAGE CUTCHARI, DHANAURA, KAHALGAON, DISTRICT BHAGALPUR 6. SMT. SAROJ KUMARI W/O RAVI SHANKAR MANDA, VILLAGE KATORIA, P.O. DHANAURA, KAHALGAON, DISTRICT BHAGALPUR …. RESPONDENTS. ----------- 2. 12.8.2009 Heard learned Counsel for the petitioner and the State. 2. Petitioner was appointed as Panchayat Secretary. She has been removed from the said post by the Block Development Officer, Kahalgaon under order bearing Memo no.1412 dated 18.10.2007 (Annexure-3). 3. It has been submitted on behalf of the petitioner that Annexure-3 is wholly without jurisdiction as Block Development Officer, Kahalgaon has neither the authority to pass such order nor he ever gave the petitioner opportunity to show cause as to why her appointment be not cancelled and without giving such opportunity the impugned order had been cancelled. 4. Let petitioner assail the impugned order dated 18.10.2007 (Annexure-3) by filing an appeal before the Collector of the district, who should consider the case after 2 condoning the delay, if any, in filing the appeal as early as possible in any case within one month from the date of receipt of the appeal in the light of the order of the Principal Secretary, Panchayati Raj Department dated 19.5.2009 (Annexure-4). 5. This writ application is accordingly disposed of. Narendra/ ( V. N. Sinha, J. )