IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No.161 of 2008 Krishan Shankar Pandey S/o Ram Khelawan Pandey … Appellant Versus State of U.P. through Secretary, Home Deptt. & another … Respondents Sri Virendra Kaparwan, Advocate for the appellant Smt. Bina Pandey, standing counsel for Respondent No.1 Sri P.C. Bisht, brief holder for Respondent No.2 Dated: September 9, 2008 Coram Hon’ble V.K. Gupta, C.J. Hon’ble Dharam Veer, J. Hon’ble V.K. Gupta, C.J. (Oral) After hearing for a while, learned counsel for the appellant seeks to withdraw this appeal with the liberty to the appellant to file a Departmental Appeal as has been observed in the impugned order dated 8.4.2008 passed by learned single judge in restoration application No.347/2008 (Writ Petition Service No.23381 of 1995; W.P. Single 6727 of 2001). 2. The appeal is dismissed as withdrawn. Liberty prayed for is allowed. It is directed that competent authority while considering and disposing of the Departmental Appeal, if filed by the appellant, shall not in any manner be influenced by any observation made in the aforesaid order dated 8.4.2008 including the following observation: - “Even otherwise, there is no merit in the writ petition” 3. To reiterate, any observation including the aforesaid observation made in the impugned order shall be disregarded while disposing of the Department Appeal. (Dharam Veer, J.) (V.K.Gupta, C.J.) 09.09.2008 Rdang