IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 5634 of 2008 Between: Ram Niwas, S/o.Sri Jailal,[No 14618258K NK/DVR (MT)] R/o.HQ 'A' Company, MC EME SECUNDERABAD[AP] ..... PETITIONER AND 1 The Union of India Represented by The Secretary, Ministry of Defence Government of India, NEW DELHI-11, 2 The Chief of Army Staff,Army Headquarters, Integrated Headquarters Ministry of Defence, Government of India,NEW DELHI-11, 3 The Officer In-Charge, EME Records, SECUNDERABAD[AP], 4 The Colonel Administration & OC Troops HQ MC EME, SECUNDERABAD[AP]. .....RESPONDENT(S) 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 direction,orders or a Writ; more appropriately one in the nature of a WRIT OF MANDAMUS and; "Declare the action of the 3rd Respondent herein in ordering discharge of the petitioner herein from service on and w.e.f 30-09-2008 [an]-vide 3rd Respondent's impugned proceedings No. 1528/T-9/MGT LMC/15/CA-2[MP] dated 28-01-2008 Apendix at SI No 71 notified to the petitioner herein by way of an entry No.02549a) published in College Daily routine Order [so far as it relates to petitoner herein] as being violative of petitioner's statutory right to serve up to 31-10-2016[till completion of 24 years of service] as well as hisFundamental Right guaranteed under Articles 14,16 and 21 of the Constitution of India and therefore ULTRA VIRES" . Counsel for the Petitioner:MR.VISHAL SAXENA Counsel for the Respondents: MR.DEEPAK BHATTACHARJEE The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 5634 of 2008 ORDER: Sri K.M.Saxena, learned counsel for the petitioner seeks permission of this Court to withdraw the writ petition, with a liberty to the petitioner to pursue the departmental remedies. Permission is accorded and the writ petition is, accordingly, dismissed as withdrawn, leaving it open to the petitioner to pursue the departmental remedies. There shall be no order as to costs. _________ 02.04.2008 Note: Issue C.C. in two days. (B/o) JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 5634 of 2008 Date: 02.04.2008 JSU