BRAHM DEV SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition for setting aside order dated 22.3.2011 passed by the Division Bench of the Punjab and Haryana High Court whereby the letters patent appeal filed by the Petitioner against the order of the learned Single Judge, who declined the Petitioner's prayer for issue of a mandamus to the Respondents to grant exemption from clearing the departmental examination in terms of Rule 16 of the Haryana Excise and Taxation Department (Group B) Service Rules, 1988 was dismissed.

(2.) After arguing the case for some time, Mr. R.K. Kapoor, learned Counsel for the Petitioner made a request that his client be permitted to withdraw the writ petition as also the letters patent appeal with liberty to file fresh petition to challenge show cause notice dated 3.3.2011 issued by the Financial Commissioner and Principal Secretary to the Government of Haryana (Excise and Taxation Department) proposing his reversion from the post of Assistant Excise and Taxation Officer to that of Senior Scale Stenographer and raise all available points including the one that he was entitled to three chances for passing the departmental examination from the date of regularisation as Assistant Excise and Taxation Officer.

(3.) In the peculiar facts of the case, we accept the request of the learned Counsel. The special leave petition is disposed of by giving liberty to the Petitioner to withdraw the LPA as well as the writ petition and file a fresh petition.