Abhishek Malaviya(In Person) vs Union Of India And 11 Others
2021 Latest Caselaw 7403 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 4246 of 2021
 

 
Petitioner :- Abhishek Malaviya(In Person)
 
Respondent :- Union Of India And 11 Others
 
Counsel for Petitioner :- Abhishek Malaviya
 
Counsel for Respondent :- Devendra Pratap Singh
 

 
Hon'ble Ashwani Kumar Mishra,J.

Although video link has been sent to the petitioner in person, but he has not been able to join the proceedings.

Shri D.P. Singh, learned counsel for the respondent no.9 states that the grievance of the petitioner is against the Kendriya Vidyalaya Sangathan, which is a notified authority under Section 14 of the Central Administrative Tribunal Act, 1985. He has also submitted that petitioner has already filed an O.A. No. 2 of 2021 before the Central Administrative Tribunal and, therefore, parallel proceedings cannot be allowed to be instituted by him. Reliance has also been placed upon judgment of the Supreme Court in the case of L. Chandra Kumar Vs. Union of India & others, reported in AIR (1997) 3 SCC Page 261 to submit that the writ petition filed directly before this Court is not liable to be entertained.

Objection raised by Sri D.P. Singh, learned counsel for the respondent no.9, in that regard, is liable to be sustained.

In view of the law laid down in the case of L. Chandra Kumar (Supra), the writ petition cannot be directly entertained. Even otherwise the petitioner is pursuing his remedy before the Tribunal.

Leaving it open to the petitioner to pursue his remedy before the Central Administrative Tribunal, this writ petition is consigned to records.

The concerned Court/Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.

Order Date :- 9.7.2021

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