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Chitranjan Prasad Sarva Vs State Of Chhattisgarh And Ors

Case No: Writ Petition (S) No. 6630 Of 2010

Date of Decision: Oct. 24, 2019

Acts Referred: Chhattisgarh Civil Services (General Conditions Of Service) Rules, 1961 — Section Rule 6(6)

Hon'ble Judges: Prashant Kumar Mishra, J

Bench: Single Bench

Advocate: H.B. Agrawal, Shifali Arora, Chitendra Singh, Sumesh Bajaj

Final Decision: Dismissed

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Judgement

Prashant Kumar Mishra, J

1. In view of the amendment in the Chhattisgarh Civil Services (General Conditions of Service) Rules, 1961 doing away with sub-rule (6) of Rule 6 as

also in view of the decision rendered WPS No.6630 of 2010 by the coordinate Bench of this Court in Smt. Suman Sharma v State of Chhattisgarh &

Others 1, learned senior counsel appearing for the petitioner seeks permission of the Court to withdraw the writ petition with liberty to prefer an

appeal challenging the impugned order of termination.

2. No objection from other side.

3. Accordingly, the writ petition is dismissed as withdrawn with liberty to the petitioner to prefer an appeal before the concerned competent authority

within a period of 45 days from today. On such appeal being filed by the petitioner within the stipulated period, the same shall be considered and

decided by the appellate authority, in accordance with law and on its own merits, without raising the objection as to limitation.

4. It is made clear that this Court has not expressed any opinion on the merits of the case.