Dismissed

Union of India and 2 Others v. Raza Raini

Allahabad HC25 Feb 2020SPLA/630/2018

Case brief

AI extract

What is this about?

The Special Appeal questioned the correctness of a High Court order entertaining a writ petition in a Central Government service matter. The Court held that Section 28 of the Administrative Tribunals Act, 1985, excluded the jurisdiction of High Courts at the first instance, citing L. Chandra Kumar, thereby dismissing the writ petition.

What did the court decide?

The writ petition is dismissed. The respondents-petitioners are at liberty to avail the remedy under the Administrative Tribunals Act, 1985, in accordance with law.

Union of India and 2 Others Vs Raza Raini — Service and Employment | Allahabad HC (2020)

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Chief Justice's Court

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Case :- SPECIAL APPEAL No. - 630 of 2018

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Appellant :- Union Of India And 2 Others Respondent :- Raza Raini Counsel for Appellant :- Apurva Hajela,Gyan Prakash Counsel for Respondent :- C.S.C.,Birendra Prasad Maurya

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Hon'ble Govind Mathur,Chief Justice Hon'ble Samit Gopal,J.

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Heard Shri Shashi Prakash Singh, learned Senior Advocate and Additional Solicitor General of India, assisted by Mr. Apurva Hajela, learned Central Government Counsel.

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This appeal is before us to question correctness of the order dated 30th November, 2017 passed by learned Single Bench in Writ-A No. 57159 of 2017. By the order aforesaid, learned Single Bench disposed of the petition for writ in terms of the directions contained in the order dated 24th November, 2017 passed in Writ-A No. 55415 of 2017.

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The argument advanced by learned counsel appearing on behalf of the appellants is that the issue in question pertains to service under Union of India and as such, the jurisdiction to adjudicate such cause was available to the Central Administrative Tribunal created under the Administrative Tribunal Act, 1985. It is stated that the issue in the instant matter is not of availability of alternative remedy but exclusion of jurisdiction of Courts except the Supreme Court under Article 136 of the Constitution of India. On going through the averments contained in the petition for writ and the documents annexed thereto, we are satisfied that the matter pertains to a service matter relating to Union of India and the respondents-petitioners are not member of any armed force pertaining to that the Act of 1985 is not having application. Section 28 of the Act of 1985 excludes the

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jurisdiction of all the Courts except the Supreme Court under Article 136 of the Constitution of India to entertain and adjudicate any issue as involved in this petition for writ at a first instance. The jurisdiction available to this Court is not only for issuing a writ in the nature of certiorari after having a judgment/order from the Central Administrative Tribunal and not prior to that. The legal position mentioned above is well settled since the judgment rendered by Supreme Court in the case of L. Chandra Kumar Vs. Union of India and others, reported in 1995 SCC (1) 400.

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In view of whatever stated above, we are having no hesitation in arriving at the conclusion that the learned Single Bench erred while entertaining the petition relating to the cause involved. The writ petition hence is dismissed. The respondentspetitioners shall be at liberty to avail the remedy under the Act of 1985 in accordance with law.

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Appeal is accordingly disposed of.

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Order Date :- 25.2.2020 VMA

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(Samit Gopal, J.) (Govind Mathur, C.J.)

Union of India and 2 Others v. Raza Raini

Case brief

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Union of India and 2 Others v. Raza Raini

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