Thomas forced to withdraw plea

Following this, Thomas’s counsel Will Mathews told the court of Justice Rajiv Sahai Endlaw that he would like to withdraw the appeal while pointing out that his only prayer was a direction to the Union Personnel Ministry.

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,  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.

Initiating the arguments, counsel for Thomas said his plea seeking disposal of his representation before the appointment of his successor, Pradeep Kumar, has now become infructuous.

On July 14, the day the new CVC took oath, the High Court had refused to grant urgent hearing to Thomas’s plea that his appeal, pending with the President against his sacking, be decided before his successor Pradeep Kumar assumes charge.