Dr. J.Elango v. The Chairman Cum Managing

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 15.07.2016

CORAM

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P. No.40641 of 2015 & M.P.No.1 of 2015 Dr.J.Elango .. Petitioner Vs.

1.The Chairman cum Managing Director, NSIC Bhavan, Okhla Industrial Estate, New Delhi - 110 020.

2.The Director [Planning and Marketing] NSIC Bhavan, Okhla Industrial Estate, New Delhi - 110 020.

3.The Zonal General Manager, 422, Anna Salai, Chennai - 600 006.

4.The Zonal General Manager (SG)S1), Camp at BO_Puducherry, The National Small Industries Corporation Limited, Thattanchavadi, Puducherry - 605 009.

.. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records in suspension order made in Ref.NSIC/BOP/15-16/1059 dated 18.08.2015 passed by the fourth respondent herein and further review of suspension order made in Ref.No.NSIC/ZO(S-1)/2015-16/271 dated 14.11.2015 passed by the Zonal General Manager, Chennai, the Third respondent herein and quash the same as illegal and direct the respondents to reinstate the petitioner with backwages into service as Branch Manager to secure the ends of justice.

For Petitioner :

Mr.R.Sankarasubbu For Respondents :

Mr.V.Vijay Shankar Standing Counsel

O R D E R

The learned Standing Counsel appearing for the respondents brought to the notice of this Court that the impugned order can be challenged only before the Central Administrative Tribunal. Therefore, this Court lacks jurisdiction.

2. The learned counsel appearing for the petitioner seeks permission to withdraw the Writ Petition and he has also made an endorsement to that effect.

3. In view of the endorsement made by the learned counsel for the petitioner, this Writ Petition is dismissed as withdrawn, with liberty to file fresh application before the appropriate forum, namely, Central Administrative Tribunal. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar sri To 1.The Chairman cum Managing Director, NSIC Bhavan, Okhla Industrial Estate, New Delhi - 110 020.

2.The Director [Planning and Marketing] NSIC Bhavan, Okhla Industrial Estate, New Delhi - 110 020.

3.The Zonal General Manager, 422, Anna Salai, Chennai - 600 006.

4.The Zonal General Manager (SG)S1), Camp at BO_Puducherry, The National Small Industries Corporation Limited, Thattanchavadi, Puducherry - 605 009.

Copy to:

The Section Officer, E.R.Section, High Court, Madras (for return of impugned order) 1 cc to Mr.V.Vijay Shankar, Advocate, sr.40121 1 cc to Mr.Sankarasubbu, Advocate, sr.40577 W.P. No.40641 of 2015 svi co kra 02.08.2016