FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 8184 OF 2009 (Gangadhar Haribhau Tambe Vs. State of Maharashtra and others) ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Mr. Godbharle, learned A.G.P. submits that the order, which is impugned in this petition at page 116 to 159 and at page 270 dated 31.7.2009 is ascribable to Rule 5(i) (iii) of the Maharashtra Civil Services (Discipline and Appeal) Rules 1979. For that reason the same is appealable by virtue of provisions under Rule 17 r.w. Rule 18 of the said Rules. According to him, since statutory appeal is available, this Court has no jurisdiction to entertain the present writ petition. Counsel for the petitioner submits that the petitioner has no objection to avail the statutory remedy, keeping in mind the stand taken by the respondents before this Court. Accordingly, counsel for the petitioner seeks to withdraw this petition with liberty to pursue the said remedy. Hence, petition is allowed to be withdrawn with liberty as prayed for. The appeal shall be decided on its own merits. The authority while considering the application for condonation of delay in filing the appeal, shall keep in mind that the petitioner had approached this Court, who is required to institute the appeal on account of stand taken by the respondents before this Court. Writ petition is disposed of on the above terms. (S. S. SHINDE. J.) (A. M. KHANWILKAR, J.) Date:14.01.2010. rlj/