IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2891 of 2009 KAUSHAL KISHORE PRASAD, S/O LATE GOPAL PRASAD, RESIDEINT OF AMLA TOLI, P.O. RAJ NAGAR, DISTRICT- MADHUBANI, AT PRESENT RESIDING IN THE HOUSE OF RAJESHWARI PRASAD SINGH, MAHADEOPURI, BEHIND MANGLA BHAWAN, P.S. GARDANIBAGH, DISTRICT-PATNA, RETIRED AS ASSITANT, BIHAR SCHOOL EXAMINATION BOARD, PATNA ............ PETITIONER Versus 1. THE STATE OF BIHAR 2. THE BIHAR SCHOOL EXAMINATION BOARD, SINHA LIBRARY ROAD, PATNA, THORUGH ITS SECRETARY 3. THE CHIARMAN, BIHAR SCHOOL EXAMINATION BOARD, SINHA LIBRARY ROAD, PATNA 4. THE SECRETARY, BIHAR SCHOOL EXAMINATION BOARD, SINHA LIBRARY ROAD, PATNA ........... RESPONDENTS ----------- 02/ 04.03.2009 Heard Mr. Mahesh Narayan Parbat and counsel for the Bihar School Examination Board. In this writ application the petitioner has made prayer to the following effect :- " (i) To issue a writ of certiorari for quashing the office order as contained in Memo No. Estb. Pre. 54 Patna dated 20.1.1990 (Annexure-5) issued by the respondent Secretary, Bihar School Examination Board, Patna through which the petitioner has been awarded punishment of withholding of three increments with cumulative effects and honorarium of suspension period, dehors the rules, in wholly illegal and arbitrary manner without holding any departmental proceeding. (ii) To issue a writ of Mandamus commanding the - 2 - respondents to discharge their legal obligation to pay the salary of petitioner of suspension period i.e. December, 1988 to 20.1.1990 which has been withheld by them in wholly illegal and arbitrary manner without any order of withholding of the same. (iii) To issue a further writ of Mandamus commanding the respondents to pay the entire withheld increments, salary and also the honorarium of suspension period at once, which have been withheld by them in illegal and arbitrary manner. (iv) To issue a further writ of Mandamus commanding the respondents to re-fix salary and amount of pensionary benefits of petitioner, which will become due on these accounts". Counsel for the petitioner having regard to unexplained inordinate delay of more than 19 years in moving this Court for the aforementioned relief, seeks permission to withdraw this application in view of a communication dated 19.9.2008 received by the petitioner from the Deputy Secretary, Law of the Bihar School Examination Board. This application is, accordingly, permitted to be withdrawn but without any liberty to move this court again for the same cause of action. S.Sb/- (Mihir Kumar Jha, J.)