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Judgment
9 paragraphs · 323 wordsMV Muralidaran, J
The writ petitioner has filed this petition seeking the prayers as follows:
(i) Call for records of the case and issue rule nisi calling upon the respondents to show cause as to why the prayer prayed for by the petitioner shall not be granted. And after hearing them make the rule absolute.
(ii) Issue writ of certiorari and/or any other appropriate writ/order/direction by quashing aside/setting aside the proceedings of the DPC held on 29-12-2016 and the impugned order of promotion dated 30-12-2016 in respect of the private No.4(Annexure -A/5).
(iii) Issue writ of mandamus and/or any other appropriate writ/order/direction to the authorities concerned/respondents by directing them to appoint the petitioner to the post of Range Forest Officer, Forest Department, Govt. of Manipur on promotion by holding a review fresh D.P.C within a stipulated period with all the consequential benefits.
(iv) Pass any other appropriate writ/order/direction that this Hon'ble Court deems fit and just in the interest of Justice.
After hearing the arguments elaborately from the respondents' counsels as well as Mr. BP Sahu, learned senior counsel for the petitioner and this Court when pointing out that when the impugned order of promotion dated 30.12.2016 was passed, this Court has posed a question to the learned counsel for the petitioner that when the impugned promotion order dated 30.12.2016 was passed based on the recommendation of the DPC dated 29.12.2016 whether this petitioner has challenged or not.
Mr. BP Sahu, learned senior counsel appearing for the petitioner seeks permission of this court that the petitioner may be permitted to challenge the proceeding of the DPC dated 29.12.2016. Therefore, he seeks permission of this Court to withdraw the writ petition with liberty to file fresh petition for challenging the DPC dated 29.12 2016 and the promotion order dated 30.12.2016.
Accordingly, the writ petitioner is permitted to withdraw the writ petition with liberty to challenge the DPC dated 29.12.2016 and promotion order dated 30.12.2016.