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7. The justification for Article 323A lay in the fact that massive case law was being generated in the country in relation to service maters and too much time of the Courts, especially of the High Court, was being consumed on this type of litigation. Article 323A seeks to relieve the High Courts which used to take cognisance of service matters under Article 226.

8. Article 323A is an enabling provision. Its scope is very wide and is synonymous with Article 309. The expression 'conditions of service' used in Article 323A also occurs in Article 309 and means all those conditions which regulate the holding of a post by a person right from the time of his appointment till his retirement and even beyond it in such matters as pension etcetera, and includes matters of dismissal or termination of the service of government servants. Therefore, the tribunals can be endowed with comprehensive jurisdiction in relation to service matters.

9. An interesting question which arises is whether the setting up of these tribunals will be merely for purposes of holding inquiries against government servants or also for imposing punishment. The use of the expression 'adjudication of disputes' indicates that wider frame of reference is envisaged. It will be for Parliament to settle all the intricate questions in the law to be enacted. Another aspect of Article 323A is that Parliament has been given power to establish service tribunals not only for the Central employees, but also for the employees of the States, local governments and of the government corporations. This will effect quite a drastic change in the present system where each of these units has control over the disciplinary proceedings relating to its servants. The idea underlying Articles 323A and 323B was that the tribunals established thereunder will practically have the same status as the High Courts as appeals from these tribunals could get to the Supreme Court under Article

136. Under Clause 2(d) of Article 323A and Clause 3(d) of Article 323B, the relevant law establishing these tribunals could exclude the jurisdiction of the High Court sin relation to the matters falling within the jurisdiction of these tribunals. Thus, the High Courts could be barred from exercising their writ jurisdiction under Article 226 or their power of superintendence under Article 227. Even the writ jurisdiction of the Supreme Court under Article 32 could be excluded. The Supreme Court accepted this position in S.P. Sampath Kumar v. Union of India (1987) 2 SCC 124. However, the Supreme Court changed its position in L. Chandra Kumar v. Union of India (1997) 3 SCC 261. The Supreme Court ruled that since judicial review was a fundamental feature of the Constitution, the jurisdiction conferred on the High Courts under Articles 226/227 and upon the Supreme Court under Article 32 of the Constitution, cannot be ousted even by a provision in the Constitution. The Supreme Court has observed:

11. The Supreme Court also ruled in L. Chandra Kumar's case (supra), State of West Bengal v. Ashish Kumar Ray (2005) 10 SCC 110, that "all decisions of Tribunals, whether created pursuant to Article 323A or Article 323B of the Constitution will be subject to the High Court's writ jurisdiction under Articles 226/227 of the Constitution, before a Division Bench of the High Court within whose territorial jurisdiction the particular tribunal falls". In pursuance of Article 323A, Parliament has enacted the Administrative Tribunals Act, 195, setting up the Central Administrative Tribunal (CAT) for the adjudication or trial by Administrative Tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation or society owned or controlled by the Government in pursuance of Article 323A of the Constitution and for matters connected therewith or incidental thereto. Thereafter, Central Administrative Tribunal, in exercise of the powers conferred by Section 200 of the Administrative Tribunals Act, 1985 (Central Act 13 of 1985) and all other powers thereunto, enabling it to frame Rules to regulate its own practice and procedure, prepared unified and consolidated Rules of Practice and thereafter made "The Central Administrative Tribunal Rules of Practice, 1993", in supersession of all the existing orders, regulations and notifications on the subject, whereby the conditions of service of persons, including the present petitioners, appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation or society owned or controlled by the Government.