Patna High CourtCWJC/14911/2009disposal bcz file shifted to tribunal

Kamlesh Kumar Mishra v. The Union Of India And ORS

2018-03-05Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14911 of 2009 ======================================================

1. Kamlesh Kumar Mishra S/O Late Hira Ram Mishra R/O Vill+P.OBhikhari Rampur, Distt- Snat Ravidas Nagar(Bhadohi), Uttar Pradesh .... .... Petitioner/s

Versus

1. The Union Of India , Through Its Secretary Health And Family Welfare Department Government Of India, Nirman Bhawan, New Delhi

2. The Executive Director Director (Marketing) Hindustan Latex Limited, Latex Bhawan, Poofappura, And Thiruvananathapuram- 695012, Kerla

3. General Manager (P& Ir) Hindustan Latex Limited, Poojappura, Ghiruvananathapuram 695012, Kerla .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tej Pratap Singh Mr. Mrigank Mauli For Respondent nos 2 & 3 : Mr. Ashok Kumar Singh, Sr. Advocate. Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-03-2018 Learned counsel for Hindustan Latex Limited has raised an objection about maintainability of the writ petition having submitted that the said organization has been now notified under Section 14(2) of the Central Administrative Tribunal Act, 1985.

In such view of the matter, this Court does not have a jurisdiction to entertain the present writ petition as the Central Administrative Tribunal is the appropriate forum to decide the present case as it relates to dismissal of the present petitioner. In support of his submission he has produced the notification

Patna High Court CWJC No.14911 of 2009 (12) dt.05-03-2018 and item no.55 of the said notification under Section 14(2) of the Act has been mentioned there.

In such view of the matter, this Court cannot entertain the present writ petition, in view of specific bar provided under Central Administrative Act, 1985 and accordingly this writ petition is not maintainable. The same is permitted to be withdrawn with a liberty file an appropriate application before the Central Administrative Tribunal. While disposing of the limitation matter the Tribunal will take into account the pendency of the present case before this Court and also consider pendency of writ petition before Allahabad High Court.

(Shivaji Pandey, J) Vinay/- U