IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1343 of 2008 Yogendra Singh, S/o Ram Prakash Singh, R/o Village Morath, P.S. Udwant Nagar, Dist. Bhojpur, Ara. --------- Petitioner Versus 1. The State of Bihar thruogh Principal Secretary, Human Resources Department, Bihar, Patna. 2. The Director, Primary Education, Bihar, Patna. 3. The District Magistrate, Bhojpur, Arrah. 4. The District Superintendent of Education, Bhojpur, Arrah. --------- Respondents ------------------ 6 22.12.2011 No one appears on behalf of the petitioner. Counsel for the State is present and would submit that this writ application against the order of punishment dated 24.10.2003 (Annexure-1) is not maintainable, inasmuch as, there is statutory appeal available against the aforementioned order. That being so, when such an objection was also raised by the respondents in their counter affidavit, which has also not elicited any response from the petitioner, this application must be held to be not maintainable due to want of non- exhausting of a statutory alternative remedy and is accordingly dismissed. Such dismissal of this writ application will however not come in the way of the petitioner in moving the appellate 2 authority with a prayer for condoning the delay in filing of the appeal. In case the petitioner files a such an appeal, the appellate authority will proceed to decide the appeal on merit keeping in view that this misconceived writ application had remained pending for a period of almost four years (since 16.1.2000). Rsh (Mihir Kumar Jha, J.)