IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15099 of 2009 Ram Prasad Paswan S/o Late Sheo Pujan Hazra Mukhiya of Gram Panchayat Raj Pakri Dikshit R/O Pakri, Dikshit P.O. Pakri Dikshit, P.S. Kalyanpur, Distt.- East Champaran Petitioner Versus 1. The State Of Bihar through Chief Secretary, Govt. Of Bihar 2. Chief Secretary, Govt. of Bihar Old Secretariat, Patna 3. Secretary Panchayat Raj Old Secretariat, Patna 4. Commissioner Tirhut Pramandal Muzaffarpur 5. District Magistrate, East Champaran Motihari 6. Block Development Officer, Kalyanpur Motihari 7. District Panchayati Raj Officer, East Champaran Motihari 8. District Supertendent of Education, East Champaran Motihari 9. Block Education Officer, Kalyanpur East Champaran, Motihari Respondents ------------ For the petitioner: Mr Sarvendra Kr Verma, Advocate For the State: Mr Rakesh Kumar Chandran, AC to GP 8 ----------- 03/ 02.08.2010 Heard learned counsel for the petitioner and learned counsel for the State. 2. This writ petition has been filed by the petitioner challenging order dated 17.09.2009(Annexure 1) passed by the Block Development Officer, Kalyanpur (East Champaran) (Respondent no.6) addressed to the District Panchyati Raj Officer, East Champaran, Motihari recommending removal of the petitioner from the post of Mukhiya, Gram Panchayat Pakri Dikshit, Kalyanpur. 3. Learned counsel for the petitioner has stated that the said Block Development Officer has assigned false and frivolous allegation against the petitioner with respect to appointment of pachayat teacher of the aforesaid Gram panchayat although the said recommendation is absolutely illegal and the petitioner has committed no fault. 4. Such recommendation is mere a recommendation and 2 does not amount removal of the petitioner. The authority concerned may accept or reject the said recommendation depending upon facts and circumstances of the case and the materials available on record. 5. In the said circumstances, there was no occasion for the petitioner to move before this court rather he should have filed an application before the authority before whom recommendation was sent by the Block Development Officer and the authority who had jurisdiction to remove Mukhiya giving detail of his claim against the recommendation of the Block Development Officer. 6. In the aforesaid facts and circumstances as well as position in law, learned counsel for the petitioner seeks permission to withdraw this writ petition in order to file an application before the authority concerned raising all his points taken in this writ petition and others against impugned recommendation of the Block Development Officer. 7. In the aforesaid circumstances, this petition is disposed of as withdrawn with liberty to the petitioner to move the authority concerned as mentioned above. shahid (S.N.Hussain, J)