1 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6530 OF 2009 Anant Ganesh Shelar ..Petitioner Vs. The State of Maharashtra & Ors. ..Respondents Shri R.M.Kolge for the Petitioner Smt. S.S.Bhende AGP for State CORAM: P.B.MAJMUDAR AND R.M.SAVANT JJ 10 th June, 2010 P.C. 1. After arguing the matter for some time, the learned counsel for the petitioner draw our attention to the affidavit in rejoinder filed before the tribunal and pointed out that in identical facts co-employee one Mr. Dhumal who was also a Head Constable was reinstated in service. Since the said point raised by way of affidavit in rejoinder before the Tribunal, has not been dealt with or adverted to by the Tribunal. He submits 2 that he would like to file a review petition before the tribunal. 2. Since the learned counsel for the petitioner wants to withdraw this petition with a view to file review petition before the tribunal,he is permitted to withdraw the same. If any review petition is filed within a period of two weeks the tribunal to dispose of the review petition on its own merits in accordance with law. However, in so far as limitation is concerned, the fact that the petitioner was prosecuting the instant petition in this Court since 9-7-2009 to be taken into consideration by the Tribunal. 3. We make it clear that, we have not expressed any opinion on the merits of the above petition and we have simply allowed the petitioner to withdraw the petition as he desires to file a review petition. It is clarified that by permitting the petitioner 3 to file a review petition, it should not be construed as expression of any opinion as to whether such review petition is required to be entertained or not by the tribunal or whether case for review is made out, the said questions would be decided by the tribunal on their own merits and in accordance with law. The petition is accordingly dismissed as withdrawn. (R.M.SAVANT J.) (P.B.MAJMUDAR J.)