IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.249 of 2010 1. Daya Nand Mishra S/O Late Chinta Mani Mishra R/O Vill- Barkagaon, Sabalpatti, P.O. Nagpura, P.S. Simri, Distt. Buxar (Bihar), Pin Code- 802118 Versus 1. The State Of Bihar Through The Chief Secretary Old Secretariat, Patna, Distt. Patna (Bihar) 2. The Secretary Personnel & Administrative Reforms Deptt., Govt. Of Bihar, Old Secretarit, Patna, Distt. Patna (Bihar) 3. The Secretary Revenue & Land Reforms Deptt., Govt. Of Bihar, Patna, Distt. Patna (Bihar) 4. The Divisional Commissioner Purnea Division, Purnea, Distt. Purnea (Bihar) 5. The Deputy Collector Incharge District Establishment, Kishanganj, Distt. Kishanganj (Bihar) 6. Sri A.K. Tripathi, Executive Magistrate-Cum-Conducting Officer Kishanganj, Distt. Kishanganj (Bihar) 7. The Sub-Divisional Officer Kishanganj, Distt. Kishanganj (Bihar) 8. The Block Development Officer Kishanganj, Distt. Kishanganj (Bihar) 9. The Circle Officer Kishanganj, Distt. Kishanganj (Bihar) ----------- 3. 26.08.2011 Learned counsel for the State takes a preliminary objection to the remedy of appeal available to the petitioner under Rule 25 of the Bihar C.C.A. Rules, 2005 against the order of punishment dated 14.9.2007 in pursuance of a departmental proceeding commenced on 23.1.2006. Learned counsel then prays for leave to withdraw the application to avail the remedies of appeal. He prays that the Court may condone the limitation for any delay in preferring the appeal. Rule 25 vests power in the appellate authority to consider any application for condoning the delay in preferring the appeal. This Court cannot 2 usurp the power of the appellate authority. If the petitioner files an appeal along with an application for condonation of the same, the latter has to be considered in accordance with law under Rule 25. The application is dismissed as withdrawn with the liberty as aforesaid. P. Kumar ( Navin Sinha, J.)