A single judge of the High Court of Delhi dismissed a writ petition finding that the subject matter falls within the jurisdiction of the Central Administrative Tribunal, directing the petitioner to approach the Tribunal with a conditional liberty.
Directed the petitioner to approach the Central Administrative Tribunal within two weeks.
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SUDEEP KUMAR ..... Petitioner Through: Mr. Birendra Mishra & Ms. Poonam, Advocates
Versus
UNION OF INDIA AND ORS. ..... Respondents Through: Mr. Jagjit Singh, Mr. Preet Singh & Mr. Narayan Dev Parashar, Advocates
CORAM: HON'BLE MR. JUSTICE SUNIL GAUR
O R D E R % 11.04.2018
To overcome the objection of maintainability of this petition, an application has been filed by petitioner.
Learned counsel for petitioner submits that in the first round of litigation, petitioner’s writ petition has been dismissed by a Division Bench of this Court vide order of 16th May, 2008. It is the case of petitioner that Division Bench of this Court in another matter, vide order of 11th February, 2009, has permitted filing of Representation on the proportionality aspect of the penalty imposed and petitioner had filed a Representation, which has been dismissed vide order of 9th May, 2013 (Annexure P-10) . Learned counsel for petitioner points out that against aforesaid dismissal order of 9th May, 2013 (Annexure P-10), petitioner had filed a review appeal in September, 2013 and the fate of said review
W.P.(C) 3539/2018
Page 1
appeal is not known.
Be that as it may. Since the jurisdiction to entertain subject matter of this petition is of the Central Administrative Tribunal (CAT), therefore, petitioner is relegated to approach CAT, New Delhi within two weeks to avail of the remedies, as available in the law. It is made clear that the objection of limitation shall be considered by the Tribunal, if an application is filed by petitioner.
With aforesaid liberty, this petition and application are disposed of. Dasti.
(SUNIL GAUR) JUDGE
APRIL 11, 2018 r
W.P.(C) 3539/2018
Page 2
1 issue framed by the court
Whether the petition is maintainable in this Court.
Sudeep Kumar
Union of India and Ors.
Sunil Gaur
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
