IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6266 of 2008 SUDHIR KUMAR PRASAD,S/O LATE RAMADHAR PRASAD, R/O VILLAGE SINGHITOLA, P.S. ARRAH MUFFASIL, DISTRICT BHOJPUR. ………………………PETITIONER. Versus 1.THE UNION OF INDIA, THROUGH THE SECRETARY, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE CENTRAL BOARD OF EXCISE AND CUSTOMS, GOVERNMENT OF INDIA, NEW DELHI. 2.THE UNDER SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, CENTRAL BOARD OF EXCISE AND CUSTOMS,GOVERNMENT OF INDIA, NEW DELHI. 3.THE COMMISSIONER, CENTRAL EXCISE TAX/DUTY AND SERVICE TAX, HEADQUARTER, PATNA. 4.THE JOINT COMMISSIONER (KA AND ST), CENTRAL EXCISE DUTY, (HEADQUARTER), PATNA. 5.THE DEPUTY COMMISSIONER, CENTRAL EXCISE (HEADQUARTER),PATNA. 6.THE ASSISTANT COMMISSIONER, (KA AND ST), CENTRAL EXCISE DUTY, (HEADQUARTER), PATNA. 7.THE SUPERINTENDENT OF CUSTOMS, CENTRAL EXCISE AND SERVICE, RANGE ARRAH, DISTRICT BHOJPUR. ………………………RESPONDENTS. ----------- 03/ 25.04.2011 After some arguments counsel for the petitioner, in view of the preliminary objections raised by the counsel for the Union of India, would seek leave of this court to withdraw this application in order to enable the petitioner to present his claim for compassionate appointment before the Central Administrative Tribunal, Patna Bench. This application is accordingly permitted to be withdrawn with a liberty to the petitioner to approach Central Administrative Tribunal, Patna Bench and in case such application is filed, the petitioner will also be entitled to explain the delay at least for the period from 18.04.2008 to this day i.e. 25.04.2011, during which this writ application had remained pending on account of misconceived impression of the petitioner as with regard to the filing of his writ application for appointment on compassionate ground directly before this Court without moving the Central Administrative Tribunal in the first instance. Ranjan (Mihir Kumar Jha,J)