IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10320 of 2008 DR.VIJAY KUMAR SINHA Versus THE UNION OF INDIA & ORS ----------- For the Petitioner : Mr. Praveen Kumar, Advocate For the Respondents : Mr. Sudhir Singh, ASG For Comptroller & Auditor General: Mr. Chakradhari Sharan Singh, Advocate. -------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------------ Dated, the 15th September, 2008. Pursuant to order dated 8th February, 2008, the disciplinary authority passed an order on 2nd May, 2008. The disciplinary authority imposed the penalty of compulsory retirement upon the present petitioner. Aggrieved by the order dated 2nd May, 2008, the petitioner preferred appeal. The Principal Accountant General (Audit), Bihar, who was incharge of Accountant General (A & E), Bihar, decided the appeal by setting aside the penalty awarded by the disciplinary authority and awarded the penalty of stoppage of two increment without cumulative effect vide order dated 30th June, 2008. However, it appears that subsequently, the Accountant General (A & E), reviewed and set aside the order dated 30th June, 2008 vide his order dated 18th July, 2008 and the appeal was restored to file and the appellant was called upon to appear before him on 25th July, 2008. Aggrieved by the - 2 - order dated 18th July, 2008 passed by the Accountant General (A& E), the appellate authority, the petitioner approached the Tribunal again in Original Application being O.A. No. 361 of 2008. The Tribunal disposed of the Original Application by directing the Comptroller and Accountant General of India to decide the matter through speaking order within two months of the receipt of the copy of the order. 2. In view of the events that have taken place subsequent to the passing of the impugned order dated 8th February, 2008, the counsel for the petitioner prays for withdrawal of this writ petition with liberty to the petitioner to challenge the order dated 18th July, 2008 passed by the Accountant General (A & E) and appellate authority and the order of the Central Administrative Tribunal dated 4th August, 2008 in appropriate proceeding. 3. Writ petition is allowed to be withdrawn with liberty as prayed. R.M. Lodha, CJ Kishore K. Mandal, J. Anil/