The Supreme Court has dismissed a writ petition filed by a former IRS officer against his compulsory retirement ordered by the Central Government last year.
Justice DY Chandrachud led bench said that a writ petition could not be entertained and granted Ashok Kumar Aggarwal liberty to approach the Central Administrative Tribunal. Aggarwal is among the 27 IRS officers who were compulsorily retired by the Central Government last year.
Earlier, the Delhi High Court has dismissed his writ petition on the ground of maintainability on the ground that he had an efficacious alternative remedy available before the Central Administrative Tribunal. Though he filed SLP against this order, it was later withdrawn. The court, had granted him liberty to file a petition under Article 32. While dismissing his new petition under Article 32, the bench, also comprising Justices Indu Malhotra and KM Joseph said:
"While permitting the withdrawal of the petition, liberty was granted but the grant of liberty would not amount to an adjudication on the maintainability of a petition under Article 32 of the Constitution. The Union of India is within its rights in submitting that the petitioner must seek recourse to the remedy before the CAT. That apart, the Solicitor General has pointed out that as many as sixty four persons have been compulsorily retired and some of them have challenged similar orders of compulsory retirement and their substantive OAs are pending before the CAT."
The court also directed that if he pursues his remedy before the CAT, it will expedite the disposal of the OA and endeavour to dispose it of preferably within a period of four months from the date of filing.
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