IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 12882 of 2009 Between: T. Siva Raju S/o. Ganga Rao R/o. H.No.36-92-273, Srinivasa Nagar, Burma Camp, Kancharapalem Post, Visakhapatnam District. ..... PETITIONER AND 1 The Union of India rep. by its Secretary, Ministry of Defence, Government of India, New Delhi. 2 The Admiral Superintendent Naval Dock Yard, Visakhapatnam 3 The Manager (Discipline Section) Naval Dock Yard, Visakhapatnam 4 The Enquiry Officer, Naval Dock Yard, Visakhapatnam .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned action of the respondent in continuing the petitioner under suspension as decided vide Proceedings No. PES /8401/8557, dated 02.05.2009 on the file of the 3rd respondent herein and further action in issuing proceedings No.CHNR/IA/001, dated 116.2009 to conduct departmental enquiry after long lapse of 7 years in respect of the Charge Memo dated 7.8.2002 as highly, illegal, arbitrary and violative of Art. 14 of the Constitution of India apart from contrary to the provisions of CCA Rules and consequently set aside the same. Counsel for the Petitioner:MR.G.V.SHIVAJI Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court at the stage of admission made the following O R D E R : In view of the judgment rendered by the Supreme Court in L. Chandrakumar v. Union of India[1], the writ petitioner seeks permission to withdraw this Writ Petition to agitate the grievance before the appropriate Administrative Tribunal. Granting liberty to the writ petitioner to approach the Tribunal concerned, the Writ Petition is dismissed. No costs. Registry is directed to return the original papers filed by the writ petitioner, so as to enable him to present the same before the Tribunal. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 2nd July 2009 ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{MSN} [1] AIR 1997 SC 1125