IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6726 of 2010 1. KUMARI NIRMALA D/O DEVARIKA PRASAD R/O VILL.- HANUMAN BIGHA, P.S.- KASHICHAK, DISTT.- NAWADA, AT PRESENT RESIDING WITH HER HUSBAND SANJEEV KUMAR, R/O VILL.- KHUSHHAL CHAK, P.S.- BHAUDAUR, DISTT.- PATNA-----PETITIONER Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER-CUM-SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DIRECTOR, PRIMARY EDUCATION GOVERNMENT OF BIHAR, PATNA 4. THE DISTRICT MAGISTRATE SHEIKHPURA, DISTT. - SHEIKHPURA 5. THE DEPUTY DEVELOPMENT COMMISSIONER, SHEIKHPURA 6. THE SUB-DIVISIONAL EDUCATION OFFICER SHEIKHPURA, DISTT. - SHEIKHPURA 7. THE DISTRICT SUPERINTENDENT OF EDUCATION - CUM - PROGRAMME CO-ORDINATOR SHEIKHPURA, DISTT.- SHEIKHPURA 8. THE BLOCK DEVELOPMENT OFFICER BLOCK ARIYARI, P.S. - ARIYARI, DISTT. - SHEIKHPURA 9. THE DISTRICT TEACHER EMPLOYMENT APPELLATE AUTHORITY SHEIKHPURA, DISTT. - SHEIKHPURA 10. THE BLOCK EDUCATION EXTENSION OFFICER BLOCK- ARIYARI, P.S. - ARIYARI, DISTT. - SHEIKHPURA 11. THE MUKHIYA, GRAM PANCHAYAT ARIYARI BLOCK- ARIYARI, P.S.- ARIYARI, DISTT.- SHEIKHPURA 12. THE PANCHAYAT SECRETARY GRAM PANCHAYAT, ARIYARI, BLOCK ARIYARI, P.S. - ARIYARI, DISTT. – SHEIKHPURA--RESPONDENTS ----------- 2 17.1.2011 Heard learned counsel for the parties. Annexure-8 passed by the appellate authority is under challenge. To some extent contention of learned counsel for the petitioner that when there is a clear finding that the appeal could not be adjudicated and finally decided in the background stated in the said order then the appeal itself ought not to have been disposed of. Technically speaking the contention of the counsel is correct but practically speaking the stand of the counsel seems to be misplaced because the fact is that no proper adjudication is possible in the matter in absence of the records or the kind of records made available to the appellate authority by the respondents. - 2 - Petitioner may have an occasion to pursue his matter provided the original records are made available from the court of Chief Judicial Magistrate, where a criminal case is also pending on this issue. This writ application is disposed with the above direction. RPS (Ajay Kumar Tripathi,J.)