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2019 (9) TMI 234 - HC - Indian LawsRetirement from service with immediate effect - petitioner being an IRS Officer - claim of damages made by the petitioner - powers conferred by clause (j) of Rule 56 of the Fundamental Rules - HELD THAT:- When alternative remedies under law are available to the petitioner for both the reliefs, what is so extraordinary in the claim for damages to maintain the instant petition and thereby, attract challenge to the orders passed under Rule 56(j) of Fundamental Rules, cannot be understood. More so, when, nothing has come to be pointed out that the order passed under Rule 56(j) was so patently erroneous or perverse, which invites interference by this court - Needless to say, the order passed under Rule 56(j) of Fundamental Rules cannot be adjudicated on the premise of inferences. In view of the foregoing, because the writ jurisdiction is unfettered, it does not invest a legal right in anyone to maintain it for all purposes. None of the judgments relied upon by the ld. Senior Counsel for the petitioner are of any avail to the petitioner. Petition dismissed as not maintainable.
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