IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16197 of 2009 1. UTTAM KUMAR TIWARI S/O LATE NARAYAN PRASAD VILL- SANDALPUR (SHARMA TOLA), P.O. MUNGER, P.S. KASIM BAZAR, DISTT. MUNGER, AT PRESENT POSTED AND WORKING AS ADDITIONAL DISTRICT PROGRAMME COORDINATOR, BIHAR EDUCATION PROJECT, LAKHISARAI, DISTT. LAKHISARAI Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 3. THE DIRECTOR PRIMARY EDUCATION, BIHAR, PATNA 4. THE STATE PROJECT DIRECTOR BIHAR EDUCATION PROJECT COUNCIL, BELTRON BHAWAN, SHASTRINAGAR, PATNA 5. THE ADMINISTRATIVE OFFICER BIHAR EDUCATION PROJECT COUNCIL, BELTRON BHAWAN, SHASTRINAGAR, PATNA 6. THE DISTRICT SUPERINTENDENT OF EDUCATION-CUM-DISTRICT PROGRAMME CO-ORDINATOR BIHAR EDUCATION PROJECT, LAKHISARAI 7. THE DISTRICT SUPERINTENDENT OF EDUCATION JAMUI ----------- 2. 7.1.2010 A preliminary objection is raised on behalf of the respondents counsel with regard to the alternative remedy of appeal available against the impugned order before the Executive Committee under Rule 56 of the Bihar Education Project Service Regulation. Leave is therefore sought to withdraw the application to pursue appropriate remedy before the appellate authority. If such an appeal is filed within 30 days from today, the same is required to be decided on its own merits by a reasoned and speaking order preferably within a period of three months from the date of receipt/production of the memo of appeal without going into the issue of limitation. The application is dismissed as withdrawn. P. Kumar (Navin Sinha, J.)