Surender Ahlawat v. Ministry Of Social Justice And Empowerment & ORS

$~43 *IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10424/2018 SURENDER AHLAWAT ..... Petitioner Through:

Petitioner in person versus MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT & ORS ..... Respondent Through:

Mr. C.K. Bhatt, Adv.

CORAM:

HON'BLE MR. JUSTICE C.HARI SHANKAR

O R D E R

% 01.10.2018 All parties in this writ petition are within the jurisdiction of the Central Administrative Tribunal, Principal Bench, New Delhi. The cause of action is also amenable to the jurisdiction of the said Tribunal. In fact, the petitioner candidly expressed that he had earlier approached the Tribunal, and that the order passed in the said proceedings, which was in his favour, is presently subject matter of a writ petition in this court. He submits that he has moved the present writ petition following certain developments which have taken place during the pendency of the said writ proceedings before this court. Be that as it may, this writ petition is amenable to the jurisdiction of the Central Administrative Tribunal. In view of the proscription contained in para 93 of the judgment of the Supreme Court in L. Chandra Kumar v. Union Of India And Others, (1997) 3 SCC 261, it is not possible for

me to entertain this writ petition as a court of first instance. At this stage, the petitioner, who appears in person, seeks leave to withdraw this writ petition with liberty to move the Hon'ble Tribunal. Leave and liberty, as prayed for, is granted. The writ petition is dismissed as withdrawn.

C.HARI SHANKAR, J OCTOBER 01, 2018/kr