The Patna High Court upheld the objection to the maintainability of the writ petition under Section 14 of the Central Administrative Tribunal Act and permitted its withdrawal with liberty to apply before the appropriate Tribunal.
Permidsed withdrawal of the application with liberty to apply before the appropriate Tribunal within 30 days.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2395 of 2023
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Sujeet Kumar Singh son of Sri Ramlakhan Singh R/o Muhalla- Kaliket Nagar, Near Delhi Public School, Bailey Road, Patna, P.S.- Rupaspur, Dist.- Patna.
... ... Petitioner
... ... Respondents
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Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar, Advocate For the Railways : Mr.Naresh Dikshit, Advocate Mr.Utsav Anand, JC to Mr. Naresh Dikshit.
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
counsel for the Railways.
Keeping in view Section 14 of the Central Administrative Tribunal Act, the objection no. 32 as to maintainability of the petition is upheld.
Patna High Court CWJC No.2395 of 2023(2) dt.04-05-2023 2/2
Learned counsel for the petitioner seeks permission to withdraw this application with liberty to file a fresh application before the Central Administrative Tribunal, Patna, if so advised, in accordance with law.
Mr. Utsav Anand, learned JC to Mr. Naresh Dikshit, counsel for the Union of India has no objection to the same.
In the circumstances, this application is permitted to be withdrawn with liberty to apply for his remedy before appropriate forum/Tribunal. If such application is presented within a period of 30 days from today, in case of a question of limitation, the Tribunal will consider that the petitioner was pursuing his remedy before this Court under some bonafide beliefs.
This Writ Application stands disposed of accordingly.
(Rajeev Ranjan Prasad, J)
Rajeev/-
U
1 issue framed by the court
Whether the objection to the maintainability of the petition under Section 14 of the Central Administrative Tribunal Act be upheld.
1 provisions across 1 enactments
Sujeet Kumar Singh
Union of India
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
