Sambhu Mistri v. Union of India and Ors.
Case brief
What is this about?
The High Court rejected the writ petitioner's application regarding promotion denial, holding it not maintainable. The court ruled that service disputes involving Prasar Bharati, a Central Government-controlled entity, must be approached at the Central Administrative Tribunal under Article 323A and Section 14 of the Administrative Tribunals Act.
What did the court decide?
The writ application was rejected on the ground of maintainability.
What the court decided
05.02.2021 Ct. No.13 Sl. No.22 akd
W.P.A. 10421 of 2020 [via video conference]
[Sambhu Mistri -Vs- Union of India & Ors.]
Mr. Indranil Chakravorty Mr. Suryasarathi Basu
… … for the petitioner
Mr. Nilanjan Bhattacharjee Mr. Shirshendu Chowdhury Mr. Aniruddha Karmakar
… … for the respondent no.6
The writ petitioner alleges discrimination against the Prasar Bharati in denying him promotion. The petitioner is serving as a Helper in Doordarshan Kendra, Kolkata.
Learned counsel for the respondent no.6 raised a preliminary objection of maintainability of the writ application before this court. It is stated that the writ petitioner’s cause of action, if any, should have been agitated before the Central Administrative Tribunal since the petitioner is a permanent employee holding a civil post under Article 309 and 311 of the Constitution of India. He submits by reference to Section 14(1)(c) of the Administrative Tribunals Act, 1985 in this regard which is
set out hereinbelow:-
Issues for consideration
2 issues framed by the court
Whether the High Court possesses jurisdiction to entertain a writ petition regarding service disputes of a corporation wholly owned and controlled by the Central Government when Section 14(1)(c) of th
Whether the Prasar Bharati Corporation Limited, despite being a body corporate, falls within the exclusionary ambit of the Central Administrative Tribunal for service matters.
Parties & counsel
- petitioner
Sambhu Mistri
- respondent
Union of India
- respondent
Respondent no.6
Coram
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · February
- Registered
- Case no.
- WPA/10421/2020
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