IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5204 of 2002 RAM ISHWAR DUTTA son of late Ragho Prasad, resident of village- Eksari, P. O.- Bhui, P. S. Silao Jai Silao District- Nalanda and at present posted as a Head Master, Primary School Daulatpur, Rahui, District- Nalanda…. Petitioner. Versus 1. THE STATE OF BIHAR 2. The Director, Primary Education, Government of Bihar, Patna. 3. Deputy Director, Primary Education, government of Bihar, Patna. 4. Regional Deputy Director of Education, Patna Division Patna. 5. District Magistrate, Nalanda. 6. District Education Officer, Nalanda. 7. District Superintendent of Education, Nalanda. … Respondents. ----------- 4. 07.07.2010 Heard learned counsel for the petitioner and learned counsel for the State. Admittedly for the limited prayer made in this writ petition reading as follows; (i) For issuance of appropriate writ, order/ orders, direction/directions and commanding to the respondents for quash the order dated 24.11.2001 vide Memo No. 3454 passed by Respondent No. 7(as contained in Annexure-4) whereby and whereunder the suspension of the petitioner has been revoked with three condition. (ii) For issuance of writ, order/orders, direction/directions and commanding to the respondent that during pendency of the writ application the order of recovery may be stayed. the remedy of the petitioner would only before the appellate authority inasmuch as by an order of 2 punishment dated 24th November 2001 passed by the District Education Establishment Committee, Nalanda the petitioner has been directed to compensate the loss sustained by the Government as also has been subjected to stoppage of two increments with cumulative effect. The non-payment of salary for the period of suspension on account of the charge being proved is only part of said order of punishment. Admittedly, a statutory appeal would lie against such order of punishment and the petitioner also claims to have filed such appeal before the Director Primary Education. In the opinion of this Court, once such statutory appeal was already filed by the petitioner, he ought to have awaited for the result of that appeal inasmuch as the impugned order was passed on 24.11.2001 and the petitioner had filed this writ application on 22.4.2002, giving hardly any space for disposal of the appeal. In that view of the matter, this Court would dispose of this writ petition with a direction to the Director Primary Education to either dispose of the appeal himself or to remit the matter to the appellate authority who was 3 on the date of the order of punishment holding the appellate power in terms of statutory rules. The appeal in any event, if not disposed of till date, must be disposed of within a period of six months from the date of receipt/production of a copy of this order. With the aforementioned observation and direction, this writ petition is disposed of. kanchan (Mihir Kumar Jha, J.)