IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12842 of 2003 KALPNATH PANDEY Versus THE STATE OF BIHAR & ORS ----------- 3. 15.09.2009 It appears from the counter affidavit that in a departmental proceeding, punishment has been awarded by the Director, Primary Education, Government of Bihar, Patna. It is stated that against the said order of punishment, petitioner has an alternative remedy by way of appeal before the Commissioner of the Department. In that view of the matter, learned counsel for the petitioner submits that he would like to withdraw this writ application with a liberty to file an appeal. Accordingly, liberty is granted to the petitioner to file an appeal against the order of punishment and the writ application is dismissed as withdrawn. Limitation, if any, for filing of the appeal shall be condoned by the appellate authority and the appeal of the petitioner shall be considered and disposed of on its own merit in accordance with law. B.T (J.N. Singh, J.)