IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10553 of 2009 676751 EX-CPL LOHA KANT JHA, M.T. FIT, SON OF NAGESHWAR JHA, RESIDENT OF VILLAGE & POST OFFICE- TEMTHA, DISTRICT- KHAGARIA, AT PRESENT RESIDING IN QUARTER NO. The petitioner is an accused of a case which has been registered under Sections4, ANDHERI BAGICHA, AIR FORCE STATIONH, BIHTA, P.S. BIHTA, DISTRICT- PATNA Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF DEFENCE, NEW DELHI 2. THE CHIEF OF THE AIR STAFF, AIR HEAD QUARTERS, VAYU BHAWAN, R.K. PURAM, NEW DELHI-10 3. THE DY. DGAFMS (PEN) AIR HEAD QUARTERS, VAYU BHAWAN, R.K. PURAM, NEW DELHI-10 4. D.F.A. (PENSION), AIR HEAD QUARTERS, VAYU BHAWAN, R.K. PURAM, NEW DELHI-10 5. A.O.P/DY DIRECTION, PA-III, AIR HEAD QUARTERS, VAYU BHAWAN, R.K. PURAM, NEW DELHI-10 6. THE ADGMS (M.B.), AIR HEAD QUARTERS, VAYU BHAWAN, R.K. PURAM, NEW DELHI-10 7. AIR OFFICER COMMANDING, AIR FORCE RECORDS OFFICE, SUBROTO PARK, NEW DELHI-10 8. AIR OFFICER COMMANDING-IN-CHIEF, CENTRAL AIR COMMAND, BAMRAULI, ALLAHABAD (U.P.) 9. THE DIRECTOR GENERAL OF RESETTLEMENT, NEW DELHI 10. THE CHIEF CONTROLLER OF DEFENCE ACCOUNTS (P) ALLAHABAD, (U.P.) 11. THE DY. CONTROLLER OF DEFENCE ACCOUNTS, AIR FORCE (PEN-II), NEW DELHI-10 12. THE STATION COMMANDER, AIR FORCE STATION, BIHTA, DISTRICT- PATNA 13. THE COMMANDING OFFICER, 71S U AIR FORCE STATION, BIHTA, DISTRICT- PATNA 14. THE PRESIDENT, MEDICAL BOARD, MILITARY HOSPITAL, DANAPUR CANTT, PATNA. 7 09.02.2010 Heard learned counsels for the petitioner and the respondent-Union of India. The grievance of the petitioner is with regard to the claim for payment of disability pension. It is submitted on behalf of the petitioner that - 2 - the claim of the petitioner was rejected against which second appeal filed before the Defence Minister’s Appellate Committee is pending under the provisions of Pension Regulation for the Army (1961). This fact is not disputed rather it has been stated in paragraph 12 of the counter affidavit that the appeal is under consideration by the appellate authority. In this view of the matter, petitioner seeks permission to withdraw this writ application. Let the Appellate Committee dispose of the appeal by a reasoned order in accordance with law expeditiously preferably within a period of four months on receipt/production of the certified copy of the present order. The order passed on the appeal shall be communicated to the petitioner. The writ application is permitted to be withdrawn with above observations/directions. Manish/- ( Shailesh Kumar Sinha,J.)