Khem Singh Meena v. Lieutenant Governor & ORS.

$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10383/2024 and CM APPL. 42652/2024 KHEM SINGH MEENA .....Petitioner Through:

Mr.

Vijay Kumar Meena, Mr.Anubhav Meena and Mr. Deepak Vashist, Advocates.

versus LIEUTENANT GOVERNOR & ORS.

.....Respondents Through:

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 29.07.2024 1.

This petition has been preferred on behalf of the Petitioner under Articles 226 and 227 of the Constitution of India seeking the following reliefs:

"(a) Issue A appropriate writ for calling for the petitioner records of the case and peruse the same;

(b) Quash and set aside the impugned order dated 18/07/2024 issued by Respondent No.6 and also grant study leave for the course. (c) Issue a writ of Mandamus thereby directing the Respondent No.1 to grant the study leave and also Direct the respondent no 6 relieved from the department for the study leave, (d) Direct the Respondent No. 1 to expedite the Relieving and grant of Study leave.

(e) Any other or further relief which this Hon'ble Court deems fit, just and proper in the peculiar circumstances of the case in the interest of justice may also please be awarded."

2.

Since the reliefs are sought against Lok Nayak Hospital under the Government of NCT of Delhi, which is amenable to the jurisdiction of Central Administrative Tribunal by virtue of Section 14 of the Administrative Tribunals Act, 1985 and in view of the judgment of the W.P.(C) 10383/2024 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 31/07/2024 at 12:30:39

Constitution Bench of the Supreme Court in L. Chandra Kumar v. Union of India and Others, (1997) 3 SCC 261, learned counsel for the Petitioner, on instructions, seeks to withdraw the petition with liberty to approach the Central Administrative Tribunal.

3.

Petition is accordingly disposed of as withdrawn, with liberty as prayed for, in accordance with law. Pending application also stands disposed of.

JYOTI SINGH, J JULY 29, 2024 B.S. Rohella W.P.(C) 10383/2024 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 31/07/2024 at 12:30:39