The Court reaffirmed that a petitioner may withdraw a writ petition with liberty to challenge the impugned termination order before another appropriate authority or forum. The judgment does not alter precedent but upholds procedural facilitation for litigants seeking alternate remedies. This order serves as binding authority on procedural withdrawal in writ petitions within the jurisdiction.
Summary
| Category | Data |
|---|---|
| Case Name | CWP/24609/2022 of DEEPTY GROVER Vs STATE OF HARYANA AND OTHERS |
| CNR | PHHC011177522022 |
| Date of Registration | 20-10-2022 |
| Decision Date | 31-10-2025 |
| Disposal Nature | DISMISSED |
| Judgment Author | MR. JUSTICE KULDEEP TIWARI |
| Court | High Court of Punjab and Haryana |
| Precedent Value | Binding procedural authority for withdrawal of a writ petition with liberty to approach another forum. |
| Questions of Law | Whether a litigant may withdraw a writ petition with liberty to challenge the same subject-matter before an alternative forum. |
| Ratio Decidendi |
The Court permitted withdrawal of the writ petition by the petitioner, granting explicit liberty to assail the termination order before the appropriate authority, forum, or tribunal. The dismissal was procedural and not on merits. The order reaffirms established practice that withdrawal of a writ petition with liberty does not bar subsequent proceedings before competent forums regarding the same grievance. No substantive legal rights were adjudicated. |
| Facts as Summarised by the Court | The petitioner initially challenged a termination order through writ proceedings. During the hearing, petitioner’s counsel sought withdrawal of the petition with liberty to pursue appropriate remedies regarding the termination before another authority/forum/tribunal, which the Court allowed. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within Punjab and Haryana on procedural withdrawal of writ petitions with liberty. |
| Persuasive For | Other High Courts and forums considering procedural withdrawal with liberty in writ filings. |
What’s New / What Lawyers Should Note
- Explicit liberty to assail the same termination order before another forum is endorsed upon withdrawal of the writ petition.
- Dismissal is procedural, having no bearing on merits or subsequent proceedings before competent forums.
- Lawyers may confidently withdraw a writ petition to pursue alternate remedies without procedural prejudice, provided explicit liberty is sought and recorded.
Summary of Legal Reasoning
- The Court recorded the request of the petitioner—through her counsel—to withdraw the writ petition with liberty to challenge the termination order before an appropriate authority or forum.
- Leave to withdraw was granted, and the petition was dismissed as withdrawn with liberty as sought.
- The reasons are solely procedural: no adjudication on merits, only facilitation for the petitioner to seek alternate remedies.
- The order reinforces established court practice that withdrawal with liberty allows the party to approach other forums for the same relief.
Arguments by the Parties
Petitioner
- Sought leave to withdraw the writ petition.
- Requested liberty to challenge the termination order before the appropriate authority/forum/tribunal.
Respondent
- No record of objections or argumentation from the State or respondents on the withdrawal or liberty request in the judgment.
Factual Background
- The petitioner filed a writ petition challenging a termination order.
- During the hearing, petitioner’s counsel requested to withdraw the writ petition and sought liberty to challenge the termination order before the appropriate authority, forum, or tribunal.
- The Court granted the prayer and dismissed the writ petition as withdrawn, recording the liberty requested.
Statutory Analysis
- No specific statutory provisions interpreted or analyzed in the judgment.
- Order pertains to procedural practice under writ jurisdiction regarding withdrawal and liberty.
Dissenting / Concurring Opinion Summary
No concurring or dissenting opinions; single-judge decision.
Procedural Innovations
No new procedural rules announced; order reiterates established practice of granting liberty on withdrawal of a writ petition.
Alert Indicators
- ✔ Precedent Followed – Established practice on withdrawal with liberty in writ petitions is reaffirmed.