Mukesh Kumar Suman v. Municipal Corporation Of Delhi Through Commissioner (Mcd) & ORS.

$~126 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13854/2023 and CM APPL. 54765/2023 and 54766/2023 MUKESH KUMAR SUMAN .....Petitioner Through:

Mr. Purushottam Sharma Tripathi, Mr. Amit and Mr. Prakhar Singh, Advocates.

versus MUNICIPAL CORPORATION OF DELHI THROUGH COMMISSIONER (MCD) & ORS.

.....Respondents Through:

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 20.09.2024 1.

A perusal of the prayers in the present writ petition shows that nature of relief sought by the Petitioner is in the nature of service matter dispute as defined under Section 3(q) of the Administrative Tribunals Act, 1985 and is against the Municipal Corporation of Delhi, which is notified under Section 14 of the said Act. In view of the judgment of the Constitution Bench of the Supreme Court in L. Chandra Kumar v. Union of India and Others, (1997) 3 SCC 261, this petition cannot be entertained by this Court as the Central Administrative Tribunal will be the only court of first instance as observed by the Supreme Court.

2.

Learned counsel for the Petitioner seeks to withdraw this petition with liberty to approach the Tribunal in accordance with law. 3.

Petition is disposed of along with pending applications, with liberty as prayed for.

JYOTI SINGH, J SEPTEMBER 20, 2024 B.S. Rohella The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 22:21:19