IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5735 of 2008 Chandra Kumar Mandal, son of Bhikho Mandal, resident of village Katiya Rahi, P.O. Katiaya Mahe, P.S. Pipra, District- Supaul. ……………. Petitioner Versus 1.The State Of Bihar 2.The District Magistrate, Supaul 3.The District Development Commissioner, Supaul 4.The District Education Officer, Supaul 5.The Block Development Officer, Kishanpur Block, Supaul 6.The Block Education Extension Officer, Kishanpur Block, Supaul 7.The Panchayat Secretary, Kishanpur South, Gram Panchayat, Kishanpur Block, Supaul 8.Sri Indra Deo Sah, the Mukhiya of Kishanpur South Gram Panchayat Kishanpur, Prakhand, Supaul 9.Shiv Shankar Mandal, son of Domi Mandal, resident of vill & P.O. Chauhatta, Kishanpur Prakhand, Supaul 10.The District Superintendent of Education, Supaul. ………….. Respondents ----------- For the Petitioner : Mr.Nagendra Kumar Singh,Adv. For the State : Standing Counsel No.7 For Respondent No.9: Mr.N.A.Shamsi, Adv. ----------- 4. 25/07/2011 Through a supplementary affidavit filed today, petitioner has brought on record the order of the Appellate Authority dated 8.10.2009, by which the Appellate Authority has refused to hear the matter of the petitioner on the ground that the Block Development Officer had already passed orders when he was authorized under the law to hear appeals/ complaints in respect of appointment of Panchayat Teachers. The said order of the Block Development Officer is under challenge in this writ application. 2 In the circumstances, instead of considering the writ application on merits, this Court considers it appropriate that the Appellate Authority should consider the matter on merits without being swayed away by the order of the Block Development Officer. In the circumstances, the order dated 8.10.2009 passed by the Appellate Authority in Revision Case No.267 of 2009 is set aside. The Appellate Authority is directed to hear the matter on merits, after complying with the Principles of Natural Justice, and decide the same. For this purpose, under the orders of this Court, the Appellate Authority shall treat the order of the Block Development Officer as having been quashed by this Court. However, this order shall not create any right in the petitioner for his reinstatement or for remuneration till the matter is finally decided by the Appellate Authority on merits, which shall be done within the time limit prescribed under the Rules for decision of such matters. The writ application is disposed of with the aforesaid observations and directions. Pradeep/ ( J. N. Singh,J.)