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HIGH COURT OF DELHI
Date of Decision: 24.11.2021
YOGENDRA MITTAL ..... Petitioner
Through : Mr. Vijay Aggarwal, Adv.
Through : Mr. Gaurang Kanth, CGSC with Mr. Shreesh Chadha, Adv. for UOI.
HON'BLE MR. JUSTICE TALWANT SINGH [Physical Hearing/Hybrid Hearing (as per request)]
RAJIV SHAKDHER, J. (ORAL):
CM Nos.41779-80/2021
JUDGMENT
1. Allowed, subject to just exceptions. W.P.(C) 13235/2021 & CM No.41778/2021
2. Via the instant writ petition, challenge is laid to Rule 14(8)(a) of the Central Civil Services (Classification, Control & Appeal) Rules, 1965.
3. According to us, the petitioner should approach the Central Administrative Tribunal [in short "the Tribunal"].
3.1. The Tribunal can examine the validity of the Rule, which is sought to be challenged, in consonance with the judgment of the Constitution Bench of the Supreme Court rendered in L. Chandra Kumar vs. Union of India,
3.[2] Mr. Gaurang Kanth, who appears on advance notice on behalf of the respondent/UOI, submits likewise. 2021:DHC:3794-DB W.P.(C)13235/2021
4. Given this position, Mr. Vijay Aggarwal, who appears on behalf of the petitioner, seeks leave to withdraw the petition and approach the Tribunal.
5. Thus, the above-captioned writ petition is dismissed as withdrawn with liberty as prayed for.
5.1. The Tribunal, if approached by the petitioner, will adjudicate upon the matter, after giving opportunity to both the sides.
6. Consequently, pending application shall also stand closed.
RAJIV SHAKDHER, J TALWANT SINGH, J NOVEMBER 24, 2021 aj Click here to check corrigendum, if any