Single-judge order dismissing a writ petition regarding railway recruitment without merits due to lack of jurisdiction under the Administrative Tribunals Act, 1985, with liberty to approach the appropriate forum.
Writ petition dismissed as withdrawn with liberty to file afresh before the appropriate forum.
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ML-91 18.07.2022 Ct. No.23 pg.
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE
WPA 11642 of 2022
Sonali Sen Vs.
The Union of India & Ors.
Mr. Rajnil Mukherjee Ms. Debolina Sarkar … For the petitioner
Affidavit of service filed in Court today is taken on
record.
The recruitment process under challenge in this writ petition pertains to the Eastern Railway.
In view of the provisions of Section 3(q) read with Sections 14 and 28 of the Administrative Tribunals Act, 1985, this Court lacks jurisdiction to receive, try and determine the instant writ petition.
The writ petition is, accordingly, dismissed as withdrawn, with liberty to file afresh on the selfsame cause of action, if permissible in law, before the appropriate forum.
Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.
(Arindam Mukherjee, J.)
2 issues framed by the court
Whether this Court has jurisdiction to entertain a writ petition regarding recruitment under the Eastern Railway.
Whether the Administrative Tribunals Act, 1985 bars this Court's jurisdiction over service matters.
1 provisions across 1 enactments
Sonali Sen
The Union of India
Arindam Mukherjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
