Ex- Captain Kashyap Kumar v. Union Of India And ANR.

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10731/2017 EX- CAPTAIN KASHYAP KUMAR ..... Petitioner Through Ms.G.M. Padma Priya, Adv. with petitioner in person.

versus UNION OF INDIA AND ANR.

..... Respondents Through Mr.Sanjay Jain, Addl. Solicitor General with Mr.Kirtiman Singh, Adv. & Mr.R.M. Tripathi, Adv. for R-1 & 2.

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 01.12.2017 1.

The petitioner has prayed for issuing direction to the respondents to furnish copies of relevant documents and materials relied upon by the respondents, which were adverse to him in the matter of his dismissal from the Government Service vide order dated 26.10.2005. 2.

We have enquired from learned counsel for the petitioner as to how the present petition is maintainable in this Court particularly when an earlier petition filed by the petitioner, being W.P.(C) No.21661/2005, was directed to be transferred to the Armed Forces Tribunal in view of the enactment of the Armed Forces Tribunal Act, 2007, and is stated to be pending adjudication there.

W.P.(C) 10731/2017 Page No.1 of 2

3.

Learned counsel for the petitioner on instructions states that she may be permitted to withdraw the present petition while reserving the right of the petitioner to approach the Armed Forces Tribunal for seeking the relief sought in the present petition. Leave as prayed for is granted. 4.

The petition is disposed of alongwith the pending applications. HIMA KOHLI, J REKHA PALLI, J DECEMBER 01, 2017/aa W.P.(C) 10731/2017 Page No.2 of 2