IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6505 of 2007 Amand Kumar Dubey, son of Shri Rama Kant Dubey, of village Pawani, P.S. Buxar (U), P.O. Chunni, District Buxar, posted as Clerk in Adarsh Sanskrit High School, Chunni, Buxar, District Buxar … Petitioner Versus 1. The State Of Bihar, through its Secretary, Human Resources Development Department, Bihar, Patna 2. Bihar Sanskrit Shiksha Board, through its Chairman, East Boring Canal Road, Patna 3. The Secretary, Bihar Sanskrit Shiksha Board, East Boring Canal Road, Patna 4. The District Magistrate, Buxar 5. The District Education Officer, Buxar 6. The Adhoc Committee, through its Secretary, Adarsh Sanskrit High School, Chunni, Buxar 7. The Incharge Headmaster, Adarsh Sanskrit High School, Chunni, Buxar … Respondents ---------------------------------- 2. 14.9.2011 Having regard to the fact that the claim of the petitioner for payment of his salary would squarely depend on the fate of his challenge to his order of dismissal from service passed by the Managing Committee of the recognized Non-Government Sanskrit School, namely, Adarsh Sanskrit Uchcha Vidyalaya, Chunni, Buxar which claims to have removed the petitioner from service by a resolution dated 30.5.2005, this Court would find it appropriate to give liberty to the petitioner to file an appeal against the order of the Chairman and the Secretary of Bihar Sanskrit Shiksha Board, inasmuch as they by an order contained in Memo No. 1694 dated 18.4.2007 had approved the action of termination of service of the petitioner and one Sanjay Kumar Singh. Section 24 of the Bihar Sanskrit Shiksha Board Act (hereinafter referred to as ‘the Act’) in fact gives power to the State Government to entertain an appeal against any order passed 2 by the Chairman of Bihar Sanskrit Shiksha Board and in that view of the matter since the order dated 18.4.2007 was brought to the notice of the petitioner by filing a counter affidavit, copy whereof was served on the counsel for the petitioner on 5.11.2007, it would give liberty to the petitioner to file a statutory appeal in terms of Section 24 of the Act and the Special Director, the authorized person by the State Government to hear such appeal, will go into the question as with regard to removal of the petitioner from service on merits keeping in view of the fact that this writ application has remained pending before this Court from 17.5.2007 and has been ultimately held to be not maintainable on account of availability of statutory alternative remedy. With the aforementioned observation and direction, this application is permitted to be withdrawn. (Mihir Kumar Jha,J.) Surendra/