Rahul Kumar Choudhary And Another v. Union Of India And ORS.

10.11.2021 IN THE HIGH COURT AT CALCUTTA Sl. No.1 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE (Via Video Conference) WPA 17472 of 2021 Rahul Kumar Choudhary & Anr.

Vs.

Union of India & Ors.

Ms. Rituparna De Ghose, Mr. Siddhartha Paul ....for the petitioners.

Ms. Susmita Saha Dutta ....for Union of India.

The petitioners are the Inspectors of Income Tax Department. In the instant writ petition, the petitioners had challenged a promotion list.

Ordinarily, the application to ventilate such grievances had to be filed by the petitioners before the Central Administrative Tribunal in view of the provisions of Administrative Tribunals Act, 1985. The petitioners had approached this Court on the ground that the Kolkata Bench of the Central Administrative Tribunal was non-functional on 1st November, 2021, when the writ petition was filed.

It is submitted by the petitioners that the Kolkata Bench of the Central Administrative Tribunal is presently operational and as such, the petitioners have been advised to approach the said Tribunal. The petitioners have already filed an application before the Central Administrative Tribunal, Kolkata

Bench, being O.A.

350/1750/2021 and O.A.

350/1751/2021. The petitioners, therefor, seek to withdraw the instant writ petition to agitate all points, being the subject matter of the instant writ petition, before the Central Administrative Tribunal, Kolkata Bench.

Considering such submission, the writ petition is dismissed as withdrawn with liberty to agitate all points, being the subject matter of the writ petition as permissible in law, before the concerned Tribunal. Interim order, if any, stands vacated.

The written instruction given by the petitioners to their advocate to pray for withdrawal of the writ petition is retained with the record.

(Arindam Mukherjee, J.)