IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3730 of 2002 RAM SEWAK GOSWAMI (aged about 60 years), son of Late Shiv Prayag Gosawami, resident of village Diiga, P.S. Mohania, District Kaimur Bhabhua. ……….. Petitioner. Versus 1. THE STATE OF BIHAR 2. The Commissioner-cum- Secretary, Primary and Public Education, Bihar, Patna. 3. The Director, Primary Education, Bihar, Patna. 4. The District Education Officer, District Rohtas, Sasaram. 5. The Area Education Officer, District Rohtas, Sasaram. 6. The District Superintendent of Education, Rohtas, Sasaram. 7. The Block Education Extension Officer, Shivsagar, District Rohtas, Sasaram. 8. the Block Education Extension Officer, Nokha (West) District Rohtas, Sasaram. 9. The Block Education Extension Officer, Nohta, District Rohtas, Sasaram. 10. The Headmaster, Nationalised Middle School, Mohamadpur Circle Shivsagar, District Rohtas. .. Respondents. ----------- 10. 14.07.2010 Mr. Ganesh Prasad Singh, learned senior counsel for the petitioner would fairly submit that the impugned order of punishment is appealable in nature. He, however, would like this Court to proceed to decide this writ petition as it has remained pending for the period of more than 8 years. The issue involved in this writ petition would definitely require going into the question of fact and such exercise can always be done in elaborate and effective manner by the appellate authority. The whole purpose of statutory appeal in a disciplinary proceeding is to ensure 2 the finality on the question of fact. That being so, this writ petition is permitted to be withdrawn with a liberty to the petitioner to file his statutory appeal within a period of two months from today. It is however made clear that in the event such appeal is filed the appellate authority instead of throwing the appeal overboard on the ground of limitation would proceed to decide the appeal on merit keeping in view that this writ petition against the impugned order was filed on 19.3.2002 and had remained pending before this Court till date. kanchan (Mihir Kumar Jha, J.)