( 1 ) LEAVE granted.

( 2 ) THE order under challenge pertains to discharge of the appellant from the post of probationary Police Sub-Inspector. The appellant had been prosecuted for offences punishable under Sections 302, 307, 325, 324, 323, 452 read with Sections 147, 148 and 149 of the Indian Penal Code and for the offence punishable under Section 135 of the Bombay Police Act. The additional Sessions Judge, Mehsana acquitted him of all charges by an order made on 25-8-1999. However, the appellant, having been discharged from service by an order made on 13-1-1999 filed a writ petition challenging the same. The appellant sought for withdrawal of the writ petition to enable him to make a representation regarding his discharge and that request was allowed by the High Court. The representation having been rejected, the appellant filed another writ petition challenging the rejection of his representation. The petition was dismissed on the basis that the withdrawal was unconditional and hence the appellant cannot reagitate the same matter. LPA was filed against the said order. The High Court took the view that a fresh petition is not maintainable in respect of the same subject-matter si