Facts of the Case

The petitioner, M.A. Khaja Moinuddin, approached the Telangana High Court under Article 226 of the Constitution of India seeking a writ of mandamus against the Central Board of Indirect Taxes and Customs (CBIC) and other departmental authorities.

The grievance of the petitioner was that the respondents had not considered his application for appointment on compassionate grounds. According to the petitioner, such non-consideration was arbitrary, illegal, violative of Articles 14 and 16 of the Constitution, and contrary to the principles of natural justice.

During the pendency of the writ petition, the petitioner submitted a letter dated 12.09.2022 requesting permission to withdraw the writ petition with liberty to file a fresh petition after placing all relevant documents on record and seeking appropriate relief.

Issues Involved

  1. Whether the petitioner should be permitted to withdraw the writ petition.
  2. Whether liberty should be granted to pursue an appropriate alternative legal remedy.
  3. Whether the existence of an alternative remedy before the Central Administrative Tribunal (CAT) justified withdrawal of the writ petiti

Petitioner's Arguments

  • The petitioner contended that his application for compassionate appointment had not been considered by the authorities.
  • It was argued that such action was arbitrary and infringed the constitutional guarantees under Articles 14 and 16.
  • The petitioner requested permission to withdraw the writ petition with liberty to institute fresh proceedings after filing all relevant documents and seeking appropriate relief.

Respondents' Arguments

  • The respondents submitted that an effective alternative statutory remedy was available before the Central Administrative Tribunal (CAT).
  • It was further pointed out that the petitioner had already filed two Original Applications (O.As.) before the Tribunal on earlier occasions.
  • Accordingly, the respondents requested that the writ petition be dismissed as withdrawn while granting liberty to the petitioner to pursue the remedy before the Tribunal.

Court Order / Findings

The Telangana High Court accepted the request made by the petitioner for withdrawal of the writ petition.

The Court observed that an alternative legal remedy was available before the Central Administrative Tribunal. Consequently, the writ petition was dismissed as withdrawn with liberty to the petitioner to avail the appropriate alternative legal remedies.

The Court further directed that:

  • No order as to costs would be passed.
  • All pending miscellaneous petitions stood closed.

Important Clarification

  • The High Court did not adjudicate the merits of the petitioner's claim for compassionate appointment.
  • The dismissal of the writ petition was solely on account of withdrawal sought by the petitioner.
  • The petitioner was expressly granted liberty to pursue the appropriate statutory remedy before the Central Administrative Tribunal or any other legally available forum.
  • The order does not determine the petitioner's entitlement to compassionate appointment

Link to Download the Order

https://www.mytaxexpert.co.in/uploads/1785325562_2255compressed.pdf

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