Saleem Ahmad Son Of Late Naseem Ahmed v. Administrator Union Territory Of Dadar Nagar Haveli And Daman And Diu And ANR

Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2024.01.31 18:36:47 +0530 MUGDHA MANOJ PARANJAPE 1 8-WP 10473-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10473 OF 2023 Saleem Ahmad Son of Late Naseem Ahmed ... Petitioner Vs.

Administrator, Union Territory Administration of Dadar Nagar Haveli and Daman and Diu and Anr.

... Respondents Mr. Samir Singh i/by Mr. Rajeev Kumar for the Petitioner. Mr. H. S. Venegaonkar a/w A. Kedia for Respondent No.1. Mr. Advait M. Sethna a/w Mr. Ashutosh Mishra a/w Poushali Roychoudhary a/w R. Majumdar a/w Mr. Sandeep Raman for Respondent No.2-UOI.

CORAM : DEVENDRA KUMAR UPADHYAYA, CJ. & ARIF S. DOCTOR, J.

DATE : 30th JANUARY 2024 P.C. :

Learned Counsel for the Petitioner states that the Petitioner may be permitted to withdraw the present Writ Petition keeping in view the pendency of the Appeal preferred by him against the order of punishment dated 04th October 2022.

2 8-WP 10473-2023.doc The Petitioner was inflicted with the punishment of dismissal from service vide order dated 04th October 2022. This order of dismissal from service was immediately challenged by him by filing an appeal on 12th October 2022 under the relevant provisions of Central Civil Services (Classification, Control and Appeal) Rules, 1965. However, during pendency of the said appeal, the punishment order was challenged by the Petitioner by instituting Original Application before the Central Administrative Tribunal.

2.

Since the appeal against the punishment order is still pending, we permit the Petitioner to withdraw the present Writ Petition with a liberty to pursue the appeal. 3.

The Writ Petition is, thus, dismissed as withdrawn with a direction to the Appellate Authority to expedite the proceedings of the Appeal and conclude the same within four weeks from today.

3 8-WP 10473-2023.doc 4.

Learned Counsel representing the Respondents shall communicate this order to the Authorities concerned forthwith. (ARIF S. DOCTOR, J.) (CHIEF JUSTICE)