N Nagaraja vs Bharat Sanchar Nigam Ltd on 2 December, 2022
In support of his
contentions, learned counsel has placed reliance on the judgments
of the Hon'ble Apex Court in the case of Union of India and
Another vs. State of Haryana and Another reported in (2000) 10
SCC 482 and Committee of Management and Another vs. Vice-
Chancellor and Others reported in (2009) 2 SCC 630. Thus, the
learned counsel submitted that the application has to be considered
5
OA.No.170/00008/2020/CAT/BANGALORE
by this Tribunal notwithstanding the alternative remedy of appeal
available under the Rules since the impugned order is passed by
the authority having no jurisdiction. It was further argued that the
pendency of the matter before this Court would itself indicate that
no preliminary objection regarding the maintainability of the
application before this Tribunal can be gone into at this stage.