DURGA PRASAD KAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been filed by the petitioner, who claims that he has no personal stake in the matter and "is a public spirited person in the position of relator", praying inter alia for quashing the order dated 03.11.2014 passed by the Government of India, whereunder the respondent No.2 has been appointed to the post of Chairperson, CBDT.

(2.) At the outset, it has been enquired from learned counsel for the petitioner that if the petitioner, who was serving as an IRS officer till he had superannuated in the year 2009, is of the opinion that the appointment of the respondent No.2 to the post of Chairperson, CBDT is liable to be quashed and set aside for valid reasons, then why has he not sought issuance of a writ of quo warranto in respect of the said appointment. Further, it has been enquired from learned counsel that if it is the petitioner's stand that he does not have any personal interest in the matter and is taking up a public cause, being a public spirited person, then why has he not elected to file a public interest petition.

(3.) After addressing arguments for some time, learned counsel for the petitioner seeks leave to withdraw the present petition while reserving the right of the petitioner to take appropriate legal recourse in accordance with law.