IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12046 of 2008 Md.Sahwaz Alam, son of Md. Manjur Alam, resident of Village Saharsa, P.S. Saharsa, District Saharsa, Presently Panchayat Shikshak, Urdu Prathmik Vidyalaya Dhapari, Gram Panchayat Baghwa, Prakhand Mahisi, District Saharsa……………………………………………………………….…..Petitioner Versus 1. The State Of Bihar. 2. The Collector, Saharsa. 3. The Prakhand Wikas Padadhikari, Mahisi, District Saharsa. 4. The Mukhiya, Gram Panchayat Raj Baghwa, Prakhand Mahisi, District Saharsa. 5. The Secretary, Gram Panchayat Raj Baghwa, Prakhand Mahisi, District Saharsa…….Respondents *** For the Petitioner: Mr. Shri Nandan Prasad Singh, Sr. Advocate with Mr. Manish Kumar, Advocate For the State: G.P. 12 2 26.09.2011 Heard learned senior counsel for the petitioner as well as learned counsel for the State. Petitioner has been removed from service by the order of Panchayat Secretary dated 23.06.2008 as contained in Annexure- 3. Against the said order, alternative remedy by way of appeal is available to the petitioner before the statutory Appellate Authority constituted under Rule 18 of the Rules by 2008 Amendment. Hence, liberty is granted to the petitioner to approach the Appellate 2 Authority. Since petitioner has moved this Court soon after issue of the impugned order by the Panchayat Secretary, the Appellate Authority shall consider the appeal of the petitioner on merits without going into the question of limitation. Learned counsel for the petitioner submits that petitioner has worked for about 11 months prior to his removal. Hence, he should be paid salary of the period which is still due. In the circumstances, respondents are directed to make an enquiry with regard to actual period of working of the petitioner prior to his removal and if they find that the petitioner had not obtained his appointment by fraud or misrepresentation, they shall see to it that arrears of salary is paid to the petitioner within two months from the date of receipt/production of a copy of this order. The writ application is disposed of with the aforesaid observations. BT (J. N. Singh, J.)