AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3081 OF 2009 Union of India & Ors. ... Petitioners Vs. Jagdish Chandra Parihar ... Respondent Mr. T.J. Pandian for the petitioners. Mr. R.G. Walia with Mr. G.S. Walia for the respondent. CORAM : SMT. RANJANA DESAI & A.A. SAYED, JJ. DATED : 8TH OCTOBER, 2009. P.C.:- 1. The respondent had filed Original Application No.584 of 2008 in the Central Administrative Tribunal (for short, “the CAT”), Bombay Bench at Mumbai seeking quashing and setting aside of the charge-sheet dated 20/8/2008. By the impugned order, the CAT disposed of the original application giving a direction to the petitioners to consider the respondent's representation. AJN 2 2. Today, learned counsel for the respondent states that the respondent wants to withdraw the original application so that Change Memorandum dated 22/8/2008 may be proceeded with in accordance with Rule 9 of the Railway Servant (D & A) Rules, 1968. A pursis is filed by the counsel for the parties to the above effect. It is signed by counsel for the petitioners and counsel for the respondent. It is taken on record and marked 'X'. 3. In view of the pursis and the statements made across the bar, Original Application No.584 of 2008 stands withdrawn. The impugned order dated 26/11/2008 is set aside as the original application is withdrawn. 4. The memorandum dated 22/8/2008 be proceeded with in accordance with Rule 9 of the Railway Servant (D & A) Rules, 1968. 5. We make it clear that we have not considered the merits of the case. AJN 3 6. In view of the above, learned counsel for the petitioners states that he may be permitted to withdraw the petition. 7. The petition is allowed to be withdrawn and is disposed of as such. [SMT. RANJANA DESAI, J.] [A.A. SAYED, J.]