Tuesday, July 19, 2011: Former CVC P J Thomas on Tuesday withdrew from the Delhi High Court his plea for direction to the Rashtrapati Bhawan to decide his representation against the Supreme Court order sacking him.
“I seek to withdraw my petition,” Wills Mathews, the counsel for Thomas told Justice Rajiv Sahai Endlaw, seeking to withdraw his plea from the court.
Mathews withdrew the plea after Justice Endlaw remarked, “You cannot disturb the hierarchy of the judiciary and hence you please go to the same court.”
During the hearing, the counsel for Thomas tried to clarify the position saying he did not want to challenge the Supreme Court order before the High Court.
“My prayer is limited to issuance of a direction to the Department of Personnel and Training which has not decided my representation to the President seeking Constitution of a five judge bench to decide afresh my removal from the post,” Mathews said.
Justice Endlaw was not impressed with the argument and he told the advocate that the legal remedy is to approach the Supreme Court itself. This prompted Thomas to withdraw his plea.
Initiating the arguments, the counsel for Thomas said his plea seeking disposal of his representation before the appointment of his successor, Pradeep Kumar, has now become infructuous.
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