Venkatesh Kumar Singh v. The Administration Of Andaman And Nicobar Islands

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/68/2024 Venkatesh Kumar Singh Vs The Administration of Andaman and Nicobar Islands Mr. Mit Guha Roy (through virtual mode) Mr. Pardeshia Munda ... for the petitioner Mr. Shatadru Chakraboty Mr. Dibesh Dwivedi ... for the Administration Mr. V.D. Sivabalan ... for the respondent no.4 August 9, 2024 [SR] Item No.25 Read order dated August 07, 2024.

A point of maintainability of this writ petition was raised on behalf of the respondents, as recorded in the order dated June 14, 2024.

Today, when the matter is taken up for final disposal, learned advocate for the respondents again submits that this writ application is not maintainable. The writ petitioner should have approached the Central Administrative Tribunal since this is a service matter. He relies on section 14 of the Administrative Tribunal Act, 1985 and the decision of the Hon'ble Supreme Court in the case of L.Chandra Kumar vs. Union of India and others, reported at (1997) 3 SCC 261.

Learned advocate for the writ petitioner says that in this case the principles of natural justice have been flagrantly violated. In such cases, the writ court may intervene without relegating the

petitioner to the Tribunal. The petitioner is qualified enough for the post in question and in fact was serving in that post. Without granting any opportunity of hearing or showing cause, suddenly he was told that his contract of service will not be extended or renewed. The petitioner may have a very good case on merits. I make no comment on that. I am inclined to uphold the point of maintainability of the writ petition in view of the clear mandate of the Hon'ble Supreme Court in L.Chandra Kumar (supra). It will be open to the petitioner to urge all points before the Tribunal including the point of breach of the principles of natural justice. Hence, without going into the merits of the matter, I dispose of this writ petition reserving liberty to the petitioner to approach the Central Administrative Tribunal. If it is approached, the Tribunal shall decide the petitioner's grievance on merits without being influenced by any observation in any of the orders passed on this writ petition.

WPA/68/2024 is disposed of accordingly.

( Arijit Banerjee, J.)