IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.140 of 2007 SHARDA KUMAR Versus THE UNION OF INDIA & ORS ----------- 7 18.9.2008 Heard learned counsel for the parties. Petitioner is aggrieved by the order of dismissal which came to be passed against him. Dismissal order is based on a conviction order which is contained in annexure-3. The order of conviction was passed by the Commandant- cum- Chief Judicial Magistrate and fifteen days simple imprisonment was ordered. The removal order from service is a consequence of the order of conviction. So long the conviction of the petitioner is not set aside by the competent court there is difficulty for this Court to entertain the present writ application with the relief in the present form and content. Petitioner will have to challenge the conviction order contained in annexure-3 dated 30.3.2006 before a court of competent jurisdiction. Only if when some kind of relief accrues in favour of the petitioner, then the consequential orders may be interfered with. The present writ application is permitted to be withdrawn with liberty to the petitioner to challenge the validity of annexure-3 before the court of competent jurisdiction. The court below may consider condoning the delay in filing such petition keeping in view that the petitioner had been pursuing the relief and remedy before this Court as well as before the appellate authority in this regard. - 2 - This writ application is disposed of with the above liberty to the petitioner. RPS (Ajay Kumar Tripathi,J.)