IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13684 of 2005 GITA KUMARI Versus THE STATE OF BIHAR & ORS ----------- 6 30.07.2008 Heard counsel for the petitioner. Reference may be made to the order dated 16.7.2008 . Pursuant thereto the District Superintendent of Education, Saharsa is present in person and has also filed a compact show cause, as also a counter affidavit, explaining that due to lack of information , he could not file the counter affidavit earlier. Such an explanation of the District Superintendent of Education, Saharsa is accepted in the case but he should be cautious in future while dealing with the cases of this Court and particularly in the matter of filing of the counter affidavit. Coming to the merits, of this case, in view of the stand taken in the counter affidavit and a preliminary objection raised at the bar with regard to maintainability of this writ application, this Court would hold, that since the order impugned relating to termination of service of the petitioner is an appealable order and such appeal would lie before the Regional Deputy Director of Education, this writ application is not maintainable. In that view of the matter, counsel for the petitioner seeks permission to withdraw this application in order to avail the remedy of appeal. He however, apprehends that as the order of termination is dated 5th August, 2005 and the writ application assailing the same has remained pending before this Court for a period of 2 years - 2 - approximately there may be difficulty for the petitioner in pursuing the appeal which has already stood barred by limitation, as prescribed under the Rules. Having considered the aforementioned submissions, this Court is of the opinion that as the petitioner was pursuing his remedy by filing this writ application, even though misconceived, i.e. from 27.10.2005 till this date, this Court would direct the Regional Deputy Superintendent of Education , Saharsa to entertain the appeal of the petitioner and decide the same on merits in case, in case the same is filed within a period of two months from the date of receipt/production of a copy of this order. With the aforementioned observation and direction, this writ application is permitted to be withdrawn. Appearance of the District Superintendent of Education, Saharsa is also dispensed with. BCJ (Mihir Kumar Jha, J.)