IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.885 of 2011 RAM EKWAL DAS @ R.E.DAS, S/o. late Sri Rup Das, Presently residing in Rly. Quarter No. 454/8, Railway New Colony, N.F. Rly. Katihar. -------- Petitioner. Versus 1. The Union Of India, through G.M. N.F. Rly, P.O. Maligaon, District Kamrup, Assam. 2. The Chief Electrical Engineer, N.F. Rly, P.O. Maligaon, District- Kamrup, Assam. 3. The Sr. Divisional Electrical Engineer, N.F. Rly. Katihar. ---------- Respondents/Opposite Parties. ----------- 02. 22.02.2011 The present writ has been posted before this Court along with M.J.C. No. 115 of 2011, hence, the matter has been heard with the consent of the parties. It is filed against the order dated 16th December 2010 passed under O.A. No. 821 of 2010. The impugned order is Annexure-I annexed to the O.A. which is an order of compulsory retirement modifying the earlier order of removal which was also a subject matter of CWJC No. 10253 of 2008 dated 06.07.2010. The ground urged was that the impugned order has not been passed within the time granted by the High Court. The Central Administrative Tribunal disposed the matter with a direction to file the writ petition in the High Court as the order was passed belatedly. But however in view of the fact that the learned counsel for the respondent has submitted that as the order was passed 2 modifying the order of dismissal, the remedy of the petitioner has to approach the tribunal and not before this court. In view of the fact that the contempt which has been filed before the Court has already been dismissed, we are of the view that the order passed by the authorities for the punishment of compulsory retirement the remedy would lie before the Tribunal and not before the Court, hence, the writ petition is dismissed as not maintainable before this Court but however the liberty is granted to the petitioner to file a fresh petition before the Tribunal which should be considered on its own merit in accordance with law. Mkr. (T. Meena Kumari, J. (C.M. Prasad, J.)