Writ petition seeking direction to decide a pending review petition against service termination dismissed. Court held the Central Administrative Tribunal was the appropriate remedy, leaving open the petitioner's right to approach the Tribunal.
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6-WP.4760.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4760 OF 2021
Shri. Anil Deodatta Gaikwad } Petitioner Versus The Union of India and Ors. } Respondents
Mr. Anand Kumar for the petitioner.
Ms. Neeta V. Masurkar with Ms. Nieyaati Masurkar for the respondents.
CORAM: DIPANKAR DATTA, CJ & M. S. KARNIK, J.
DATE: MARCH 1, 2022
P.C.:
1. The petitioner is admittedly a member of the Central Civil Services. He stands terminated from service following disciplinary proceedings. His review petition against the order of termination is stated to be pending before the respondent no. 3/Chief Postmaster General. By instituting this writ petition, a direction is sought upon the respondents to decide the review petition.
2. In our view, the remedy of the petitioner at this stage lies before the Central Administrative Tribunal (hereafter “the Tribunal”, for short) constituted under the Administrative Tribunals Act, 1985.
3. Accordingly, the writ petition stands dismissed without costs.
4. This order shall, however, not preclude the petitioner from approaching the Tribunal, in accordance with law.
(M. S. KARNIK, J.) (CHIEF JUSTICE)
Digitally signed byPRAVIN PRAVINDASHARATH DASHARATHPANDIT PANDIT Date: 2022.03.02 14:18:45 +0530
Page 1 of 1
J.V.Salunke,PS
2 issues framed by the court
Whether a writ petition or an application before the Central Administrative Tribunal is the appropriate remedy for a civil servant seeking direction to decide a pending review petition against termina
Whether the High Court can exercise its writ jurisdiction to direct the respondents to decide a pending review petition in service disciplinary proceedings.
Shri. Anil Deodatta Gaikwad
The Union of India
Dipankar Datta
M. S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court