IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1178 of 2009 SANTOSH KUMAR SINGH, S/O SRI RAKTU PD. SINGH, R/O VILLAGE-BARKI SIRISIYA, P.O.-SHOBHAYPUR, P.S.-BHELDI, DISTRICT-SARAN(CHAPRA). ... ... PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE DIRECTOR PANCHAYATI RAJ DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE INCHARGE DIRECTOR, PANCHAYATI RAJ DEPARTMENT GOVERNMENT OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, CHAPRA (SARAN). 4. THE BLOCK DEVELOPMENT OFFICER, BLOCK-PARSA, DISTRICT-SARAN. 5. THE BLOCK PANCHAYAT RAJ OFFICER-CUM-NODAL OFFICER, BLOCK-PARSA, DISTRICT-SARAN. 6. RANJU DEVI, SARPANCH, GRAM PANCHAYAT RAJ PACHRUKHI, DISTRICT-SARAN. ... RESPONDENTS. ----------- With CWJC No.9911 of 2009 SALILA KUMARI SINHA W/O SRI RAM CHANDRA PRASAD SINGH, RESIDENT OF VILLAGE BARKI SIRISIYA,P.O.- SHOVEPUR, P.S.-BHELDI, DISTRICT SARAN. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR AT PATNA. 2. THE PRINCIPAL SECRETARY, PANCHAYATI RAJ, GOVT. OF BIHAR AT PATNA. 3. THE DISTRICT MAGISTRATE, SARAN AT CHAPRA. 4. THE SARPANCH, GRAM KACHAHRI OF GRAM PANCHAYAT RAJ PACHRUKHAI, P.S. BHELDI, DISTRICT SARAN. 5. SANTOSH KUMAR SINGH, S/O RAKTU PRASAD SINGH, RESIDENT OF VILLAGE BARKI SIRISIYA, P.O.- SHOVEPUR, P.S.-BHELDI, DISTRICT SARAN. ... ... RESPONDENTS. ----------- 2. 19.8.2009. Petitioner Salila Kumari Sinha was appointed as Secretary of the Gram Kachahari. Her appointment letter is dated 9.10.2007 pursuant whereto she joined the post on 17.10.2007. Her appointment has been terminated by the Sarpanch under order - 2 - bearing letter No.29 dated 12.7.2009 (Annexure-3) perusal whereof indicates that the said order has been issued in compliance of the orders of the District Magistrate contained in letter No.804 dated 19.6.2009, which has been issued in compliance of the directions of the Principal Secretary, Panchayati Raj Department contained in Memo No.518 dated 2.3.2009. It is submitted on behalf of the petitioner Salila Kumari Sinha that under the impugned order (Annexure-3) while terminating her appointment, Santosh Kumar Singh has been appointed as the Secretary of the Gram Kachahari, whose case was earlier considered but as he was not matriculate, could not be appointed. Later in compliance of the orders of the Principal Secretary dated 2.3.2009 appointment of the petitioner has been cancelled even without granting her opportunity of show cause. It is further submitted that the amended rules have no application to the case of the petitioner as the amendment has come into effect with effect from January,2008 whereas the - 3 - petitioner was appointed in October 2007 as such her case is required to be considered in the light of the rules as it existed on the date of her appointment. Let petitioner assail the impugned order dated 12.7.2009 (Annexure-3) by filing appeal before the Divisional Commissioner, Saran, who should consider the same in accordance with law as early as possible in any case within one month from the date of its receipt. Petitioner Santosh Kumar Singh is also allowed the liberty to intervene in the appeal filed by Salila Kumari Sinha and the learned Commissioner shall be obliged to hear both the parties and thereafter he should dispose of appeal in accordance with law as early as possible in any case within the time indicated above. During the pendency of the appeal, the parties, namely, Salila Kumari Sinha and Santosh Kumar Singh, both are at liberty to apply for interim relief before the Divisional Commissioner, who shall consider their case and pass appropriate orders in the - 4 - N.H./ matter of interim relief as well. Both the applications are disposed of. ( V.N. Sinha,J.)