IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.451 of 2010 1. DINANATH PRASAD YADAV S/O SRI AMLA PRASAD YADAV R/O VILLAGE AND P.O.- BAKHARIYA, P.S. MAJHAULIA, DISTT.- WEST CHAMPARAN, BETTIAH Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER-CUM-SECRETARY HUMAN RESOURCE DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE COLLECTOR WEST CHAMPARAN, BETTIAH 4. THE SUB DIVISIONAL OFFICER SADAR BETTIAH 5. THE BLOCK DEVELOPMENT OFFICER MAJHAULIA BLOCK, BETTIAH 6. RAJU KUMAR S/O BANARAS PRASAD R/O VILL. BAKHARIYA, P.S. MAJHAULIA, DISTT.- WEST CHAMPARAN ----------- 3/ 03/08/2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the order dated 21.8.2008 in Case No.6/08 passed by the Sub-divisional Officer, Bettiah Sadar cancelling his appointment on the post of Gram Kutchery Sachiv on a complaint preferred by respondent No.6 holding him ineligible on the ground of overage for appointment in the reserved category. The order has been affirmed in appeal by the Collector, West Champaran at Bettiah in R.M. Case No.129/08-09 dated 18.9.2009. From the order of the Sub-divisional Officer it appears that the services of the petitioner have been terminated by letter No.4 dated 17.5.2008 on account of negligence and deficiency in discharge of duties. The petitioner has not pleaded in the writ application at any place that no such order has been passed terminating his - 2 - service, nor has he alleged that on challenge by him such an order has been upset by an appropriate forum. This Court is therefore satisfied that the issue of his eligibility or ineligibility for appointment on grounds of non-relaxation of age or claim for the relaxation made by him is an academic issue. So long as the order of termination dated 17.5.2008 issued vide letter No.4 subsists the present adjudication shall remain a fruitless exercise. Learned counsel for the petitioner then seeks leave to withdraw the application to assail the order dated 17.5.2008, if so advised. The Court makes no observations with regard to the same. The writ application is dismissed as withdrawn. KC ( Navin Sinha, J.)