Vivek Tripathi v. Hindustan Copper Ltd And ORS

IN THE HIGH COURT AT CALCUTTA

22.02.2022 CONSTITUTIONAL WRIT JURISDICTION Court No. 23 APPELLATE SIDE d.g.

WPA 2986 of 2022 Vivek Tripathi Vs.

Hindustan Copper Ltd. & Ors.

Mr. Partha Sarathi Biswas, Mr. Saurabh Yadava, Mr. Sanjib Kumar Ghosh.

... for the petitioner Mr. Bikash Ranjan Neogi ... for the respondent Affidavit-of-service filed in Court today is taken on record.

The petitioner was appointed as Deputy General Manager (Finance) in Hindustan Copper Limited on 10th July, 2014. While in service the petitioner faced a departmental proceeding. The said departmental proceeding was concluded by an order dated 25th January, 2020. The petitioner has challenged the said final order dated 25th January, 2022 along with the Inquiry Report dated 10th December, 2021 and the release order also dated 25th January, 2022. This is a service matter which falls within the definition of Section 3 (q) of the Administrative Tribunals Act, 1985 (hereinafter referred to the said act). In as much as the Hindustan Copper Limited is a notified organization under the said Act. This Court, therefor, lacks jurisdiction to receive and determine the instant writ petition. The writ petition is dismissed as withdrawn

with liberty to file afresh before the appropriate tribunal under the said Act having jurisdiction over the petitioner's case on the self same cause, if any. (Arindam Mukherjee, J.)