Chief Justice's Court
Case :- SPECIAL APPEAL No. - 1113 of 2018 Appellant :- Pradeep Kumar Mishra Respondent :- The Union Of India And 4 Others Counsel for Appellant :- Murli Dhar Mishra Counsel for Respondent :- Devendra Tripathi,Sachida Nand Tiwari
Hon'ble Govind Mathur,Chief Justice Hon'ble Yashwant Varma,J.
Being related to recruitment with Indian Railways, the jurisdiction to adjudicate the cause agitated by the appellant- petitioner rests with Central Administrative Tribunal created under the Administrative Tribunals Act, 1985. It would also be appropriate to state that in light of provisions of Section 28 of the Act of 1985 on and from the date from which any jurisdiction, power and authority becomes exercisable under the Act of 1985 by a Tribunal in relation to matters concerning recruitment to any service or posts in relation to an employee of Union of India/Indian Railways/Central Government, no Court except the Supreme Court or an Industrial Tribunal, Labour Court or other adjudicating forum under the Industrial Disputes Act, 1947 or any other corresponding law for the time being enforced shall having jurisdiction to entertain such matters.
The Supreme Court in L Chandra Kumar Vs. Union of Indian, 1997 Law Suit (SC) 489 while examining the provisions of the Act of 1985 upheld the validity of Section 28 aforesaid except to the extent of availability of authority to the High Court under Article 226 of Constitution of India to review judicially the orders passed by the Tribunals created under Article 323A/323B of the Constitution of India.
In light of the provisions of Act of 1985 and also the law laid down by the Apex Court in L Chandra Kumar's case (supra), we are of considered opinion that this Court had no jurisdiction to entertain the petition for writ relating to recruitment with Indian Railways. Thus, the judgment passed by learned single Bench in Writ-A No.49078 of 2017 is without jurisdiction. Hence, is untenable in eye of law. The judgment aforesaid is set aside. The appellant-petitioner is at liberty to avail appropriate remedy under the Act of 1985 or otherwise, if available. The appellant-petitioner if approaches the Central Administrative Tribunal, the Tribunal is requested to consider the issue with regard to applicable limitation in filing an original application in accordance with law by keeping in mind the filing of the writ petition as well as this appeal before this Court by the appellant-petitioner. The findings arrived by learned single Bench too shall be having no consequence for adjudication of the original application by the Tribunal.
With the directions as above, the appeal stands disposed of.
Order Date :- 31.7.2019 Bhaskar (Yashwant Varma, J.) (Govind Mathur, C.J.)