IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.11292 of 2008
GITA KUMARI SINHA, D/O R.C.S. BHASKAR, W/O
DILIP KUMAR SINGH, R/O NAYA BAZAR, WARD NO.2,
P.S. AND DISTRICT-BUXAR. ............PETITIONER.
Versus
1. THE STATE OF BIHAR.
2. COLLECTOR, BUXAR.
3. BLOCK DEVELOPMENT OFFICER, BUXAR.
4. SELECTION COMMITTEE THROUGH ITS
CHAIRMAN, GRAM PANCHAYAT KAMARPUR,
BLOCK-BUXAR, DISTRICT-BUXAR.
5. SECRETARY, KAMARPUR GRAM PANCHAYAT,
P.S.-BUXAR, DISTRICT-BUXAR.
6. HON'BLE STATE MINISTER, TRANSPORT, GOVT.
OF BIHAR, PATNA. ............RESPONDENTS.
-----------
2 26.09.2011 Learned counsel for the petitioner
submits that after filing of the writ
application petitioner has already moved
the Appellate Authority on 06.02.2010 and
the appeal of the petitioner is pending
there.
In the circumstances, the
Appellate Authority is directed to decide
the appeal of the petitioner on merits,
after complying with the Principles of
Natural Justice, without taking into
account the order of the Block Development
Officer dated 21.09.2007 and the order of
the Collector dated 15.11.2007 for any
purpose. For the appreciation of the
Appellate Authority it may only be observed
that under the Rules, the Collector has no
2
authority to pass orders in respect of
appointment or otherwise of the Panchayat
Teachers. By the order, the Collector has
stayed the order of the Block Development
Officer passed earlier. Hence, it will be
only appropriate for the Appellate
Authority to completely ignore these two
orders and decide the matter on merits on
the basis of the records.
Learned counsel for the petitioner
submits that the petitioner has filed his
appeal in February, 2010.
In the circumstances, the
Appellate Authority is directed to dispose
of the appeal positively within three
months from the date of receipt/production
of a copy of this order.
Arvind/ ( J.N. Singh, J.)