UNION OF INDIA Vs. R K DARENDRAJIT SINGH

JUDGEMENT

(1.) By way of this writ petition, the petitioners herein seek to question the order dated 21.06.2016 as passed by the Central Administrative Tribunal, Guwahati Bench in O.A. No.042/00206/2016. The respondent of this writ petition, working as Superintendent (Gr.B), had questioned in the O.A. aforesaid the orders of his transfer from Imphal in the State of Manipur to Dibrugarh in the State of Assam and the order of rejection of his representation against such transfer. No part of cause of action concerning the O.A. aforesaid has arisen at Shillong. It is difficult to accept that merely because the office of the present petitioner No.2-the Chief Commissioner, Customs, Central Excise and Service Tax is situated at Shillong, this writ petition by the present petitioners could be maintained in this Court.

(2.) Upon our expressing reservations thus, learned counsel for the petitioners submits that the petitioners may be permitted to withdraw from this writ petition with liberty to file a fresh writ petition in the Court having jurisdiction over the subject matter.

(3.) Mr. S Nath, learned counsel for the respondent has no objection. Though we would have considered returning the petition to the petitioners but on the submissions as made, it is considered appropriate to grant the prayer made on behalf of the petitioners. Accordingly, the petitioners are permitted to withdraw and this writ petition is dismissed as withdrawn with liberty to the petitioners to take recourse of appropriate remedy in accordance with law.