The High Court disposed of a pending writ petition by permitting the petitioner to withdraw it, subject to a liberty to approach the Court upon succeeding in a pending criminal revision regarding his conviction and dismissal.
Petitioner permitted to withdraw the writ petition with liberty to approach the Court upon succeeding in the pending revision.
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W.P.(C) No. 583 of 2005
07 14.05.2019
Heard learned counsel for the petitioner and Mr. P.K. Nanda, learned counsel for opposite party.
Learned counsel for the petitioner submits that the petitioner is convicted in a criminal case for production of forged certificate. Against such conviction order, he also preferred appeal before the Sessions Court and punishment has been imposed by reducing the sentence. Against that order of the appellate Court, Criminal Revision No. 974 of 2009 is still pending before this Court.
Mr. P.K. Nanda, learned counsel for opposite party states that by producing forged certificate, the petitioner was getting the benefit, therefore, after the same was detected, he was dismissed from service and a criminal case was instituted against him, in which he was convicted. Against that order, the petitioner preferred appeal, which was also dismissed. Challenging the said order, Criminal Revision Case is pending.
In view of the said position, since this matter is of the year 2005 and in the meantime more than 14 years have passed this Court is not inclined to grant further adjournment in the matter, rather the petitioner is permitted to withdraw this writ petition with a liberty to approach this Court in the event he succeed in the
revision petition preferred by him as mentioned supra. With the liberty aforesaid, the writ petition stands disposed of.
.….……………………
Dr. B.R. Sarangi, J
Ajaya
Petitioner
Opposite Party
Dr. B.R. Sarangi
As recorded by the court registry
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