IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10830 of 2009 PUNAM KUMARI, WIFE OF KAMESHWAR RAM, RESIDENT OF VILLAGE AND P.O. KATESAR, P.S. AND ANCHAL BIHTA, DISTRICT PATNA---PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DIRECTOR, URBAN DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE DIRECTOR, BIHAR PANCHAYAT RAJ DEPARTMENT, GOVT. OF BIHAR, PATNA. 4. THE DISTRICT MAGISTRATE, PATNA. 5. THE DISTRICT PANCHAYAT RAJ OFFICER, PATNA. 6. THE BLOCK DEVELOPMENT OFFICER, BIHTA, PATNA. 7. THE BLOCK PANCHAYAT RAJ OFFICER, BIHTA, PATNA. 8. THE SARPANCH, GRAM PANCHAYAT, VILLAGE AND P.O. KATESAR, P.S. AND ANCHAL BIHTA, DISTRICT PATNA. 9. SMT. YASHOMATI DEVI WIFE OF SUNIL KUMAR, RESIDENT OF VILLAGE AND P.O. KATESAR, P.S. AND ANCHAL BIHTA, DISTRICT PATNA---RESPONDENTS. ----------- 02. 28.08.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner was appointed as Secretary, Gram Kutchery, Katesar Gram Panchayat within Bihta block in the district of Patna. Her appointment has been cancelled under order bearing Memo No.1212 dated 18.7.2009, Annexure-5 passed by the Block Development Officer, Bihta, Patna, Respondent No.6. 3. It is submitted on behalf of the petitioner that the order dated 18.7.2009, Annexure-5 has been passed by the Block Development Officer, Bihta, Patna, Respondent No.6., who has no jurisdiction to cancel the appointment of the petitioner that too without hearing her on the basis of the amendment made in the Rules with effect from January, 2008, although appointment of the petitioner was made in November, 2007, as such, she is not covered by the provisions of the amended Rules and in the light of the submissions aforesaid learned counsel submitted that the order dated 18.7.2009, Annexure-5 is wholly without jurisdiction and this Court should interfere in the matter even when petitioner has not availed the remedy - 2 - of appeal/representation. 4. Having heard counsel for the parties, I am of the view that before this Court looks into the grievance of the petitioner against the impugned order petitioner should first avail the remedy of appeal/representation before the District Magistrate, Patna, who should consider the same in accordance with law as early as possible, in any case within one month from the date of receipt of the appeal/representation along with a copy of this order. Any appointment made in the meanwhile on the post from which petitioner has been removed shall be subject to the result of the appeal/representation filed by the petitioner. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)