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Parveen Kumar vs. Union of India & Ors.

Writ Petition (Civil) · 2026:DHC:8020-DBDecided 14 Sept 2026New Delhi Bench
W.P.(C) 13366/2026CNR: DLHC010433422026
Justice C. Hari Shankar · Justice Manmeet Pritam Singh Arora

Background

The petitioner had earlier withdrawn a writ petition anticipating administrative relief that never came. He then filed a fresh petition arguing that new government orders issued after his withdrawal supported his case, but he had not first raised this argument before the Central Administrative Tribunal.

Decision Breakdown

Relying on the Supreme Court's ruling in L. Chandra Kumar that the High Court cannot act as a "court of first instance" bypassing the Tribunal, the Court declined to examine the new argument itself. On the petitioner's own request, he was permitted to withdraw the writ petition, with liberty to approach the Tribunal directly to raise his new points.

Lesson Learnt

Service disputes involving central government employees generally must first go through the Central Administrative Tribunal: a High Court will not decide fresh arguments that were never placed before the Tribunal.

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