RSA No.282 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RSA No.282 of 2009 Date of Decision: 06.07.2009 J. D. Jain ...Appellant VERSUS State of Punjab and another ...Respondents CORAM: HON'BLE MR.JUSTICE AJAY TEWARI Present: Mr. P. N. Arora, Advocate for the appellant. *** AJAY TEWARI J. Learned counsel has urged that against the dismissal order which was passed as a result of the inquiry proceedings challenged in this Court, the appellant has also filed CWP No.8518 of 2009 in which notice of motion has been issued. When I pointed out that two litigations can not remain pending for the same cause of action, learned counsel has urged that in the present suit he has challenged the disciplinary proceedings and in the above writ petition he has challenged the consequential dismissal order. However, it is not disputed that dismissal order was passed during the pendency of this suit. In the circumstances, I deem it appropriate to ask the learned counsel to select which of the remedies he would like to prosecute. Learned counsel has stated that he would like to prosecute the Civil Writ Petition No.8518 of 2009 and, therefore, he requests that he may RSA No.282 of 2009 -2- be allowed to withdraw this civil suit without prejudice to his rights in the aforesaid writ petition. I find the request to be justified and consequently permit that the appeal as well as the civil suit to be dismissed as withdrawn without prejudice to the rights of the appellant to prosecute his pending writ petition. Dismissed as withdrawn. ( AJAY TEWARI ) July 06, 2009 JUDGE ashish