IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11306 of 2007 Krishna Chandra Jha, S/o late Niras Jha, R/o Village Manjhaul, P.S. Cheria Rariarpur, Dist. Begusarai. ---------- Petitioner Versus 1. The State of Bihar through the Chief Secretary. 2. The Commissioner-cum-Secretary, Education Deptt., Bihar, Patna. 3. The Director, Primary Education, Bihar, Patna. 4. The District Superintendent Education-cum-District Project Coordinator, Begusarai. 5. The Block Education Extension Officer, Teghra, Dist. Begusarai. --------- Respondents ----------- 2 25.10.2011 Having heard learned counsel for the parties and taking into account that the impugned order as contained in Annexure-3, an order of termination of the services of the petitioner from the post of Prakhand Shikshak was/is capable of being assailed before the District Teachers Appellate Authority in terms of Rule 18 of the Bihar Panchayat Shikshak Appointment Rules, 2006, this Court would hold this writ application to be not maintainable on account of non-exhausting the statutory alternative remedy by the petitioner. Counsel for the petitioner at this stage would seek permission to withdraw this application in order to enable the petitioner to move before the concerned District Teachers Appellate Authority for redressal of his grievance. 2 That being so, this application is permitted to be withdrawn with a liberty to the petitioner to move the said Authority within a period of two months from the date of receipt of a copy of this order and if the petitioner would file such a complaint before the Authority, the same shall be decided on merit without non-suiting the petitioner on the ground of limitation, if any. It also goes without saying that the petitioner’s claim shall be examined and decided strictly in accordance with law and of-course after affording opportunity of hearing not only to the petitioner but all other affected/concerned persons. Rsh (Mihir Kumar Jha, J.)