IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3311 of 2010 1. Amir Hasan S/O Md. Subedar R/O Shahbazwan, P.S. + Distt.- Gopalganj, At Present Posted As Executive Engineer, N.H. Division, Gulzarbagh, Patna Versus 1. The State Of Bihar 2. The Secretary Road Construction Department, Government Of Bihar, Vishwesaraiya Bhawan, Bailey Road, Patna 3. The Joint Secretary Road Construction Department, Vishwesaraiya Bhawan, Bailey Road, Patna 4. The Deputy Secretary (Vigilance) Road Construction Department, Vishwesaraiya Bhawan, Bailey Road, Patna ---------------------------------- 3. 30.08.2011 Heard learned Counsel for the petitioner and the learned Counsel for the State. Learned Counsel for the State, at the outset raises a preliminary objection to the alternative remedy of appeal available to the petitioner under Rule 25 of the Bihar C.C.A. Rules 2005 against the order of punishment dated 24.9.2009 in a departmental proceeding. Leave is then sought to withdraw the application for pursuing alternate remedy of appeal. Prayer is however made to condone the delay as the petitioner was bonafide pursuing his remedy before this Court. If an application is filed for condoning delay in preferring appeal keeping in mind that the petitioner had filed the present application and that he is being relegated to the alternate remedy on objection on behalf of the State any application for condonation under Rule 25 is required to be considered in accordance with law in the interest of justice. It is made clear that nothing in the present order shall be construed or opined as any observation on the merits of the case which remains to be decided by the Appellate Authority on all question of facts and law. The writ applications accordingly dismissed as withdrawn with the liberty as aforesaid. Snkumar/- (Navin Sinha,J.)