IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14607 of 2007 Nirmala Kumari, Daughter of Ramadhar Singh, Resident of Village Tikuli, P.S. Belaganj, Dist. Gaya. -------- Petitioner Versus 1. The State of Bihar. 2. The Secretary cum Commissioner, Human Resources Development Department, Bihar, Patna. 3. The Director, Primary Education, Bihar, Patna. 4. The Regional Deputy Director of Education, Magadh Division, Gaya. 5. The District Superintendent of Education, Gaya. 6. The Block Education Extension Officer, Gaya. ---------- Respondents ----------- 2 24.11.2011 Mr. Rajendra Prasad Singh, learned senior counsel for the petitioner, seeks permission to withdraw this writ application in order to enable the petitioner to file a statutory appeal against the order of punishment of removal of service of the petitioner. This application is, accordingly, permitted to be withdrawn with the aforementioned liberty but, it is made clear that the appellate authority shall not non-suit the petitioner on the ground of delay and should decide the appeal on merit keeping in view that this writ application, though by way of misconceived advice, had been filed and remained pending for a period of four years. Rsh (Mihir Kumar Jha, J.)