High Court of Judicature at Allahabad
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Ashok Kumar Garg v. The Principal Secretary, Irrigation Department And Others - WRIT - A No. - 43636 of 2007  RD-AH 15378 (12 September 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon. Dr. B.S. Chauhan, J.
Hon. Arun Tandon J.
Heard learned counsel for the parties.
This writ petition has been for quashing the order of suspension dated 22nd November, 2006 passed by respondent no.1, which was earlier subject matter of challenge in Writ Petition No. 1653 (SB) of 2006. The writ petition was disposed of by the Lucknow Bench of this Court vide judgment and order dated 13th December, 2006, directing the authority to conclude the enquiry within the stipulated period, provided the petitioner cooperates in the enquiry within the period specified, failing which the order of suspension shall stand revoked.
As the order of suspension has already been declared to stand revoked automatically, on expiry of particular period subject to the cooperation of the employee in enquiry proceedings. Such cooperation in the disciplinary enquiry is alleged by the petitioner, therefore, there is nothing with survives for quashing.
At this juncture, Sri A.R. Dubey, learned counsel for the petitioner prays for and is permitted to withdraw the writ petition with liberty to file a fresh writ petition praying for such other reliefs as he may be advised.
This writ petition is accordingly dismissed as withdrawn with liberty to the petitioner to file a fresh write petition for such further releifs as he may be advised.
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