IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.53 of 2008 LAKSHMAN PRASAD, S/O LATE RUPAN MAHTO, R/O VILLAGE-DASTURPUR, P.S.-CHANDI, DISTRICT- NALANDA. ………………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE, NALANDA, BIHARSHARIF. 3. THE DEPUTY DEVELOPMENT COMMISSIONER, NALANDA, BIHARSHARIF. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, NALANDA, BIHARSHARIF. 5. THE HEADMASTER, MIDDLE SCHOOL, DARUARA, P.S.-NOORSARAI, DISTRICT-NALANDA. ……………RESPONDENTS. ----------- 3 26.08.2010 Learned G.A.-I submits that against the order of punishment, as contained in Annexure-5, the petitioner has an alternative remedy by way of appeal in terms of Rule 23 of Bihar State Nationalized Primary School Teachers (Transfer and Disciplinary Proceeding) Rules, 2002. Learned counsel for the petitioner submits that since the writ application of the petitioner has remained pending in this Court, the appeal is now time barred. Therefore, this writ application may be disposed of with liberty to the petitioner to file an appeal before the appropriate authority and with a direction to the appellate authority to consider the appeal on merits without going into the question of 2 limitation. This Court gives the said liberty to the petitioner and directs the appellate authority so. The writ application is disposed of. Arvind/ ( J. N. Singh, J.)