Heard Mr. Gogia, learned advocate for the petitioner.
2. It emerges from the record and submission made by Mr. Gogia, learned advocate for the petitioner, that the petitioner retired on or around 18.9.2008. After some delay, however, within time limit permissible under the applicable Rules, a charge-sheet dated 5.7.2011 came to be issued against the petitioner in connection with serious charge of misconduct. The petitioner has preferred present petition against the said charge-sheet and prayed that the charge-sheet may be declared untenable and the said charge-sheet may be set aside.
3. At this stage, Mr. Gogia, learned advocate for the petitioner, has requested for permission to withdraw present petition on the ground that during pendency of present petition, the proceedings of departmental inquiry are already concluded and that therefore, the question of setting aside the charge-sheet would not arise. Mr. Gogia, learned advocate for the petitioner, has, however, submitted that the competent authority may pass appropriate order on the basis of the departmental proceedings, as expeditiously as possible, i.e. without further delay, and the petitioner's liberty to challenge such decision, in accordance with law before the appropriate forum or authority, if the order goes against the petitioner, may be reserved.
4. Having regard to the said submission and request, the petitioner is permitted to withdraw present petition at this stage.
4.1 The competent / disciplinary authority will do well in passing appropriate order on the basis of the departmental proceedings as expeditiously as possible. After the order is passed, if it is against the petitioner, it will be open to the petitioner to take out appropriate proceedings before the appropriate forum or authority so as to challenge the order of the disciplinary authority.
With the aforesaid observation and direction, present petition stands disposed of as withdrawn. Notice is discharged.
(K.M.Thaker, J.) kdc Top