IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7833 of 2009 Bhukhan Das, son of Gaudbu Das, residence of Village and Post Pasraha, Head Post Office- Mohodipur, P.S. Pasraha, Dist. Khagaria. -------- Petitioner Versus 1. The State of Bihar. 2. The District Magistrate, Khagaria. 3. The District Superintendent of Education, Khagaria. 4. The Block Education Extension Officer, Gagari, Dist. Khagaria. 5. The Block Development Officer, Gagari, Dist. Khagaria. 6. The Mukhiya, Gram Panchayat Pasraha, Block Gagari, Dist. Khagaria. 7. The Head Master, Primary School, Lakshminia, Block Gagari, Dist. Khagaria. 8. The Panchayat Secretary, Gram Panchayat Pasraha Block Gagari, Dist. Khagaria. ----- Respondents ------ 12 02.12.2011 After some arguments, learned counsel for the petitioner, in view of the report of the Collector of Khagaria district, seeks leave to withdraw this application in order to enable the petitioner to raise the question of payment of his salary before the District Teachers Appellate Authority. This application is, accordingly, permitted to be withdrawn with the aforementioned liberty and observation that it will be open for the parties, namely, the petitioner and the respondents for this case to rely on one or other document filed in this case for the purpose of determination of the question of working of the petitioner and entitlement of payment of his salary. The 2 Authority, in fact, shall have also a jurisdiction to reach to its own conclusion irrespective of any adverse report of the officials already prepared and submitted. In particular, the Authority shall not give any undue weightage to the report of the Collector of Khagaria district which was filed before this Court in compliance of the interim order dated 9.8.2011. Whatever conclusion has to be arrived by the Authority in respect of the claim of payment of salary of the petitioner must be based on its own independent application of mind. With the aforementioned observations and liberty, this application stands withdrawn. Rsh (Mihir Kumar Jha, J.)