Rajasthan High Court - Jaipur
Mohan Lal Raigar vs Union Of India And Ors on 4 May, 2012
Author: M.N. Bhandari
Bench: M.N. Bhandari
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. Civil Writ Petition No.1658/2007 (Mohan Lal Raigar Vs. Union of India & Ors.) AND S.B. Civil Writ Petition No.1659/2007 (Shambhu Dayal Agrwal Vs. Union of India & Ors.) Date of Order :: 04th May, 2012 HON'BLE MR. JUSTICE M.N. BHANDARI Mr.Rajeev Sogarwal, for the petitioners. By the Court:
By these writ petitions, a challenge is made to show cause notice at Annex.8 dated 25.01.2007. However, I find that aforesaid order was issued by the Dy. Salt Commissioner, Government of India.
It is a service matter related to an employee of Central Government, thus jurisdiction does lies with this Court, rather issue can only be raised before the Central Administrative Tribunal (for short the CAT) in view of the judgment of Hon'ble Apex Court. A reference of Section 14 apart from the definition of service matter is relevant to indicate that all type of service matters related to civil post in Union under the jurisdiction of Administrative Tribunal.
Looking to the aforesaid and the definition of service matter as given under Section 3 (q) of the Administrative Tribunal Act, 1985, these writ petitions are not maintainable before this Court. Accordingly, the same are dismissed.
However, the petitioners would be at liberty to maintain an original application before the Central Administrative Tribunal, if so choose.
(M.N. BHANDARI), J.
Item No.114-115 preety, Jr.P.A. All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Preety Asopa Jr.P.A