IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14409 of 2007 MINHAJUL HODA Versus THE STATE OF BIHAR & ORS ----------- 2/ 7/7/2008. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner claims to have been appointed on the post of Assistant Teacher, Urdu in the Primary School, Tardih, Darbhanga on 7.3.2000. He is aggrieved by the action of the respondents in not accepting his joining. It is the case of the petitioner that he has represented before certain authorities. Learned counsel fairly accepts that the petitioner has not filed any representation before the statutory authority in terms of Rule-18 of the Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2006. Learned counsel for the State, from the counter affidavit filed today sought to persuade this Court that the Block Development Officer was directed to hold an enquiry and submit a report. In pursuance of that report it has transpired that the petitioner allegedly had not participated in the counseling and in pursuance of which orders have been passed by the District Magistrate rejecting the claim of the petitioner. The only legal issue for determination by the Court is, when the Rule-18 prescribes a statutory authority to examine the grievances with regard to the appointment, transfer and other service conditions, it is he alone who has the authority in law to pass appropriate orders. Holding of any enquiry by him, submission of a report to someone - 2 - else who then exercises the powers of a statutory authority is a negation of law. Any such orders by an authority not contemplated under Rule-18, has no legal sanctity. The order of the District Magistrate dated 2.8.2007 appended at Annexure-F to the counter affidavit is, therefore, without jurisdiction and is accordingly set aside for that limited purpose only.. The writ application is disposed with liberty to the petitioner to file a fresh representation before the statutory authority under Rule-18 who shall dispose the same in accordance with law after hearing all concerned within a maximum period of three months from the date of receipt/production of a copy of this order. KC ( Navin Sinha,J )