The Court dismissed the writ petition to avoid conflicting orders with a pending petition filed before the Central Administrative Tribunal regarding the same grievance.
The petition is dismissed with liberty to the petitioner to approach the Tribunal with an appropriate application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~59
R. S. RANA ..... Petitioner Through: Mr.Chetan Sharma, Sr. Adv. with Mr.Malya Chand, Adv.
versus
C.F.S L THROUGH ITS DIRECTOR AND ORS...... Respondents Through: Mr. Arun Birbal with Mr.Sanjay Singh, Advs./DDA
CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER
CM APP No.13518/3018
W.P.(C) 3429/2018
1. Issue a writ of mandamus or in nature of fundamental right thereby quashing and setting aside the communication dated 04.05.2016.
2. Issue a writ of mandamus of in nature of fundamental right thereof/ direct the respondents to grant a hearing on his representations dated 10.03.17, 17.04.17 & 14.08.17.
3. Direct the respondent to associate to decide the representations dt 10.03.17, 17.04.17 & 14.08.17 with a time bound schedule not exceeding 60 days of making of such order.
of fact, it is the stand of DDA/respondent no.2 that the petition filed before CAT is premature and that the Disciplinary Authority is yet to examine the matter.
RAJIV SHAKDHER, J.
APRIL 09, 2018 neelam
2 issues framed by the court
Whether a writ petition regarding disciplinary proceedings should be decided when there is a pending petition before the Central Administrative Tribunal concerning the same grievance.
The allocation of jurisdiction between the High Court and the Central Administrative Tribunal in cases involving service disputes.
R. S. Rana
C.F.S L
Rajiv Shakdher
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
