NAZIR AHMAD And 139 Others vs PROVINCE OF PUNJAB Through Secretary, Government Of The Punjab And Other
The petitioners filed a civil miscellaneous application stating that subsequent to interlocutory orders passed by the Supreme Court, the Government of Punjab issued and implemented a final order on August 1, 1985, which was challenged by the petitioners via an appeal under section 4 of the Punjab Public Service Tribunal Act, 1974. Consequently, the petitioners' learned counsel sought permission to withdraw the main petition to pursue the appeal before the Punjab Service Tribunal while reserving all legal contentions and pleas. The Supreme Court found the request justified, granted the permission, and dismissed the civil petition as withdrawn, while also disposing of the civil miscellaneous petition accordingly.
- Can a petitioner withdraw a constitutional or civil petition to pursue an appeal before the Punjab Service Tribunal when a final order has been passed and implemented during the pendency of the proceedings?
- Whether permission to withdraw a petition can be granted with liberty to raise legal pleas before the Service Tribunal without prejudice to contentions raised in the original petition?
- Section 4, Punjab Public Service Tribunal Act 1974
ORDER
1. S. A. NUSRAT, J.- This petitioners have filed a civil miscellaneous application stating that in the light of the interlocutory orders, dated 24-10-1984 and 22-05-1985 passed by this Court, in the above and other connected petitions, the Government of Punjab has since then actually passed a final order on 1-8-1985 and also stands implemented the same which has been challenged by the petitioners in appeal under section 4 of the Punjab Public Service Tribunal Act, 1974. In this view of the matter, the learned counsel sought permission to withdraw the petition with a view to press the appeal before the Tribunal without prejudice to the contentions raised in the above petition and liberty to raise such legal pleas and contentions before the Service Tribunal as may be available and necessary. The request is justified and is granted. The civil main petition is accordingly dismissed as withdrawn. The civil miscellaneous petition also disposed of.