Former CVC PJ 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 at the earliest.
"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.
Meanwhile, Mathew was not able to satisfy the court by his line of argument, Which said: “You have got a legal remedy and that is to approach a Supreme Court itself.”
"The warrant of appointment of Thomas was cancelled only on the basis of the said judgment. When the legality and the validity of the judgment in itself is disputed, it is our humble view that only after reaching a conclusion on the legality and validity of the judgment, the respondent should go ahead with the appointment of new CVC," Mathews said.
