IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1265 of 2007 SANJAY KUMAR SRIVASTAVA, S/O Late Shailendra Kumar, resident of mohalla Belisarai, Near Zila School, Motihari, P.O. Motihari, P.S. Town, distt. East Champaran at present residing in the Ward No.22, New Colony, P.S. Town, P.O. Betiah, District West Champaran. Versus 1. THE STATE OF BIHAR 2. The District Magistrate Cum Collector, West Champaran, Bettiah. 3. The District Superintendent of Education, West Champaran, Bettiah. 4. The Block Education Extension Officer, Ram Nagar- 2, Bettiah, West Champaran. 5. The Sub Divisional Education Officer Cum Enquiry Officer, Bagaha, District West Champaran. ----------- 2 31.08.2010 No one appears for the petitioner. Counsel for the State is present. The impugned order as contained in Annexure-5 being an appealable order in terms of Disciplinary and Control Rules for the Teachers of Government Primary Schools, this writ application must be held to be not maintainable on account of petitioner not availing the statutory alternative remedy. This application is accordingly dismissed with a liberty to the petitioner to avail the remedy of appeal and in the event such an appeal is filed by the petitioner against the order dated 17.4.2006, the delay in filing of the appeal will not stand in his way, inasmuch as, this writ application has remained pending for a period of almost 3-1/2 years before this Court on misconceived advice given to him. That being so, this application is dismissed with the aforementioned liberty. Abhay Kumar ( Mihir Kumar Jha, J.) 2