IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10799 of 2005 ASHOK KUMAR TIWARI, s/o late Upendra Nath Tiwari resident of village Lachhanouta, P. O.- Dhamoura, P. S. Sathi, Distt. West Champaran. .. Petitioner. Versus 1. THE STATE OF BIHAR 2. The District Magistrate (Collector), Kaimur Bhabhua. 3. The Dy. Collector, Incharge Election Cell, Collectorate, Kaimur, Bhabhua. 4. Sri P.K. Jha, the Executive Magistrate-cum-Conducting Officer, Collectorate, Kaimur, Bhabhua. 5. The Sub-divisional Officer, Bhabhua, Distt. Kaimur Bhabhua. 6. Sub-Divisional Officer, Bettiah Distt. Bettiah (West Champaran). … Respondents. ----------- 2. 12.01.2010 Heard counsel for the petitioner and counsel for the State. Admittedly, the petitioner was holding the post of clerk in Kaimur (Bhabhua) Collectorate. The impugned order of punishment passed by the Collector of Bhabhua District dated 17.12.2002 is also appealable order but the petitioner without exhausting the statutory alternative remedy had directly moved this court and assailed the impugned order on the ground that he was not supplied with the enquiry report as also enquiry officer had exonerated him from the charge and yet he was subjected to an order of punishment without disclosing the difference of opinion. In the opinion of this court, all these aspects can definitely be gone into 2 even in appeal. Realizing this aspect of the matter, counsel for the petitioner accordingly seeks permission to withdraw this application in order to enable the petitioner to file appeal before the competent authority. That being so, this writ application is permitted to be withdrawn with a liberty to the petitioner to file an appeal within a period of one month from today and the appellate authority shall keeping in view the fact that this misconceived writ application had remained pending for a period of over four and half years, would proceed to decide the appeal on merits and would not reject the same on the ground of limitation. With the aforementioned observations, this writ application stands dismissed as withdrawn. kanchan (Mihir Kumar Jha, J.)