Lalta Prasad Son Of Late Shriram Shyamlal v. Union Fo India Thr. General Manager And ORS

9-WP.2895.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2895 OF 2022 Lalta Prasad } Petitioner

Versus

Union of India and Ors. } Respondents Mr. Rahul Walia for the petitioner.

Mr. R. R. Shetty for UoI.

CORAM: DIPANKAR DATTA, CJ & M. S. KARNIK, J.

DATE:

MARCH 16, 2022 P.C.:

1.

Mr. Walia, learned advocate for the petitioner seeks leave to withdraw this writ petition. He also seeks liberty on behalf of the petitioner to approach the Central Administrative Tribunal (hereafter "the Tribunal", for short) with an application under section 19 of the Administrative Tribunals Act, 1985 to challenge the report of inquiry dated 3rd April 2019; the impugned order of penalty dated 7th January 2020 as well as the order dated 29th September 2020. 2.

The writ petition stands dismissed as withdrawn. There shall be no order as to costs.

3.

This order, however, shall not preclude the petitioner to ventilate his grievance before the Tribunal in accordance with law on the selfsame cause of action. All contentions are left open.

J.V.Salunke, PS

9-WP.2895.2022 4.

Since the writ petition was pending on the file of this Court from 12th March 2021, the Tribunal may consider the desirability of applicability of section 14 of the Limitation Act, 1963 while considering the petitioner's application for condonation of delay, if filed.

SALUNKE J V by SALUNKE J V Date: 2022.03.16 19:28:48 +0530 (M. S. KARNIK, J.) (CHIEF JUSTICE) J.V.Salunke, PS