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Judgment
Ranjit More, J
At the outset, learned counsel for the respondents takes objection regarding maintainability of the OA on the ground that the applicant has not availed of the remedy of statutory appeal.
Faced with the above difficulty, learned counsel for the applicant, having taken instructions from his client, who is present in the court, seeks leave of this Tribunal to withdraw the OA with liberty to approach the Appellate Authority challenging the order of penalty impugned in this OA.
Leave with liberty, as prayed for is granted.
In view of the fact that the OA has been pending before this Tribunal since 2019, the Appellate Authority shall not object to the Appeal on the ground of limitation and decide the same independently in accordance with law.
It is made clear that we have not gone into the merit of the OA and all the points and contentions of the respective parties are left open.
The OA stands disposed of in the aforesaid terms.
No order as to costs.