Havi ng ar gued t he mat t er at some l engt h, l ear ned counsel f or t he appel l ant submi t s t hat he be per mi t t ed t o wi t hdr aw t hi s appeal so as t o enabl e t he appel l ant t o move an appr opr i at e appl i cat i on bef or e t he l ear ned si ngl e Judge seeki ng r evi ew/ r ecal l i ng of t he i mpugned or der and j udgment . For one of t he gr ounds set out i n t he pet i t i on was t hat di smi ssal of t he appel l ant was vi t i at ed as on t he dat e f i xed i n t he enqui r y pr oceedi ngs, i . e. 03. 01. 2015, t he enqui r y of f i cer hi msel f was not avai l abl e, and t her eaf t er t hough t he pr oceedi ngs pur por t t o have been adj our ned f or 10. 01. 2015, but t her e was no i nt i mat i on/ communi cat i on t o t he appel l ant i n t hi s r egar d. Thus, t her e was no occasi on f or hi m t o have appear ed on 10. 01. 2015 i n t he enqui r y, or even si gn t he pr oceedi ngs al l eged t o have been hel d on 10. 01. 2015. 2. Di smi ssed as wi t hdr awn wi t h t he l i ber t y pr ayed f or .