IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4874 of 2007 Sweta Kumari, D/o Indra Nand Choudhary, R/o Village Kankar, P.O. Rahiyar Koch, P.S. Hattrairi, Dist. Samastipur. -------- Petitioner Versus 1. The State of Bihar. 2. The Collector of the District Samastipur. 3. The District Superintendent of Education, Samastipur. 4. The Block Education Extension Officer, Shivaji Nagar (Samastipur). 5. The Mukhiya Panchayat Rahiyar, South Block, Shivaje Nagar, Samastipur. -------- Respondents ----------- 2 18.08.2011 Heard learned counsel for the parties. Learned counsel for the petitioner submits that the petitioner intends to assail the order of termination of his service by filing a complaint before the District Teachers Appellate Authority, Samastipur. Counsel for the State would submit that since such cancellation of appointment of the petitioner was made on the complaint of one Sweeti Choudhary, as has been fully explained in the counter affidavit sworn and filed by the Block Education Extension Officer, Shivajeenagar, Samastipur, any complaint filed on behalf of the petitioner must also include Sweeti Choudhary, W/o Sri Dharmendra Choudhary of Village Lakhminia, Panchayat- Rahiyar South, Samastipur. That being so, as this Court would find that the appointment of the petitioner got cancelled on the post Shiksha Mitra and/or Panchayat Shikshak on the objection petition filed by the aforesaid Sweeti Choudhary, the petitioner, while assailing her order of termination of service dated 9.2.2007 before the Authority 2 would also implead the aforementioned Sweeti Choudhary and the Authority, upon filing of such a complaint by the petitioner, would decide the matter only after giving notice and/or affording an opportunity of hearing to the aforesaid Sweeti Choudhary. Let it be made clear that since the writ application had remained pending from 13.4.2007 before this Court, the complaint filed by the petitioner as against her order of termination of service if filed within a period of six weeks from today would not be rejected on the ground of limitation and the Authority shall decide the matter on merit preferably within a period of six months from the date of filing of such complaint by the petitioner enclosing a copy of this order. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)