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Judgment
Mr. Samarjit Bhattacharjee, learned counsel appearing for the petitioner has submitted that in the departmental proceeding being 215/INQ/CDI/JAIL/2019 dated 15.01.2020, the Inquiring Authority has furnished the report to the Disciplinary Authority holding that the charge as brought against the petitioner by Memorandum No.X-451/IGP/2013/7849-50 dated 14.11.2014 has been established. Thus, the Inquiring Authority has found the petitioner guilty.
By the communication under No.F.X-510/IGP/2017/141 dated 15.01.2020 the petitioner has been asked on forwarding a copy of the inquiry report dated 26.08.2019 to submit his representation within 15 days in accordance with the Rule 15(2) of CSS (CC & A) Rules, 1965 read with Rule 9 of CCS (Pension) Rules, 1972.
Having noticed this development in the proceeding, Mr. Bhattacharjee, learned counsel, on substantive instruction from the petitioner has urged this court to grant leave to withdraw the writ petition with liberty reserved to him challenge any action, adverse to him from the said proceeding.
Mr. Bhattacharjee, learned GA appearing for the respondents has not disputed that position of the fact and he has submitted that the petitioner has the remedies under CCS (CC & A) Rules, 1965.
Having observed thus, this court is of the view that the petitioner be permitted to withdraw the writ petition and accordingly, this writ petition stands disposed as withdrawn with liberty reserved to the petitioner to approach this court if he is prejudiced by any action, born out of the said proceeding.
The petitioner be afforded with provisional pension till the disciplinary proceeding is brought to its logical end. Such pension shall be released within a period of 15 (fifteen) days from the day when a copy of this order be furnished to the appointing authority.
No order as to costs.