Delhi High Court - Orders
Shishir Kumar Rai vs Union Public Service Commission on 27 July, 2022
Author: Rekha Palli
Bench: Rekha Palli
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6931/2022 & CM APPL. 21129/2022 (stay)
SHISHIR KUMAR RAI ..... Petitioner
Through: Mr.Sanjay K Shandilya, Adv.
versus
UNION PUBLIC SERVICE COMMISSION ..... Respondent
Through: Mr.Naresh Kaushik, Adv.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 27.07.2022
1. The petitioner has approached this Court seeking the following reliefs:-
a. "Issue writ/order/direction in the nature of Mandamus or any other appropriate writ/order/direction quashing the punishment of debarment of 10 years w.e.f. 16.03.2022 from the future Examination(s) or Selection(s) to be held by the Respondent UPSC, imposed by the Respondent in its impugned order dated 17.03 .2022;
b. b. Pass such other and further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
2. At the outset, learned counsel for the respondent opposes the very maintainability of the writ petition before this Court by contending that the petitioner has an alternative statutory remedy available under the Administrative Tribunal Act, 1985.
3. In the light of the aforesaid objection raised by the respondent, learned counsel for the petitioner prays for, and is granted, leave to withdraw the present petition with liberty to approach the learned Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:28.07.2022 16:14:12 Central Administrative Tribunal.
4. Needless to state, this Court has not expressed any opinion on the merits of the petitioner's claim and therefore it will be open for the petitioner to raise all grounds including grounds raised in the present petition before the Tribunal.
5. It is further made clear that for the purpose of computing the limitation in filing the OA before the learned Tribunal, the petitioner will be entitled to take benefit of the period during which the present petition had remained pending before this Court.
REKHA PALLI, J JULY 27, 2022 kk Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:28.07.2022 16:14:12