Arvind Kumar Raina S/O Shri Mohan Lal Raina vs. Union Of INDIA
Held
The Court decided to dismiss the petition as withdrawn. The reasoning behind this decision is based on the petitioner's counsel's request to withdraw the petition. The counsel explicitly stated the intention to file an appeal before the Central Administrative Tribunal (CAT), indicating that the matter pertains to central government service and would be better adjudicated by the CAT. The Court accepted this prayer. The ratio decidendi is that if a party seeks to withdraw a writ petition with liberty to pursue an alternative remedy before a specialized tribunal, and the matter falls within the tribunal's purview, the High Court will generally permit such withdrawal. No specific issue was decided on merits; the operative direction was the dismissal of the petition as withdrawn.
Facts
The petitioner, Arvind Kumar Raina, a Superintendent CGST (Appeals) Jaipur, filed a Civil Writ Petition No. 1292/2020 before the Rajasthan High Court. The respondents included the Union of India, the Chief Commissioner CGST and Central Excise, Jaipur Zone, and Rajesh Yadav, a Superintendent CGST Division-II Bikaner. The petition was filed challenging an unspecified order or action by the revenue authorities. The procedural history relevant to the High Court's decision is that the petitioner's counsel sought to withdraw the petition.
Key Issues
1. Whether the Rajasthan High Court has the territorial jurisdiction to entertain a writ petition concerning service-related matters of a Central Government employee, when the petitioner is posted in Jaipur, Rajasthan, and the matter relates to the Central Government. Petitioner's Contention: The petitioner's counsel prayed to withdraw the petition with liberty to file an appeal before the Central Administrative Tribunal (CAT). This implies an acknowledgment that the matter might be more appropriately dealt with by the CAT, which handles service disputes of central government employees. Revenue/State's Contention: The judgment does not record any specific arguments from the respondents regarding the jurisdiction or the merits of the case. Their stance is implicitly represented by the court's final order.
AI-generated summary — verify with the full judgment below
HIGH COURT OF JUDICATURE F O ~
RA~ASTHAN BENCH AT JAIPUR S.B. .Civil Writ Petition No. 1292/2020 Arvind Kumar Raina SJo Shri Mohan Lal Ra.ina, Aged About 58 Years, Resident Of 69/101, V.t. Road, Mansarovar, Jaipur (Rajasthan) Presently Posted On The Post Of Superintendent CGST (Appeals) Jaipur (Rajasthan) Versus I. Union Of India, Through Secretary To Government Of India M.inistry Of Finance, Department Of Revenue, New Del h.i.
Th:.Chief Commissioner, CGST And Central Excise, Jaipur Zone, Jaipur (Rajasthan)
Rajesh Yadav S/o Chelu Ram Yadav, Aged About 53 Years, Presently Posted As - S-uperintendent, CGST Division-GI B.i kaner. For Petitioner(s) : Mr. Daks.h Pareek for Ms.Mahi 'Yadav For Respondent(s) HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA - -Order 26/02/2020 Counsel for the petitioner prays to withdraw the petition with liberty to file appeal before Central Administration Tribunal as the matter relates to Central Government. Dismissed as withdrawn. (SANJEEV PRAKASH SHARMA),] ashu I470
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