New Delhi, July 22, 2020: The Central Administrative Tribunal is not an 'alternative', but is the 'only' Forum For Service Matters as a Court of 'first instance' and in service matters the High Court lacks original jurisdiction under Article 226 of Indian Constitution held Justice Jyothi Singh, Single Judge Bench of the Delhi High Court.

The Delhi High Court Single Judge Bench of Justice Jyothi Singh, by placing reliance on the landmark apex court decision in L.Chandra Kumar v. Union of India (1997) 3 SCC 261 clarified the law regarding the jurisdiction of the High Court in entertaining a service matter. The Court had observed that, in the opinion of this Court, that in relation to service matters covered under the Act, there is an ouster of jurisdiction of the High Court as a Court of 'first instance' and the Tribunal is not an 'alternative', but is the 'only' Forum available to the Petitioner. It is neither a matter of 'choice' for the Petitioner to approach the Tribunal, nor is it a matter of discretion with this Court to entertain the petition.

Senior Advocate Mr. Arvind Varma and Advocate Ms. Aditi Mohan, appearing for the petitioner submitted that "Existence of an alternate remedy was not a bar on entertaining the petition by a Writ Court and is a rule of Self Imposed Limitation."

The petitioner had contended that the case is been pending before the court since March 2019 and the same should be considered as a valid ground to hold the petition maintainable.

The Court has observed that, " no doubt appeals at first blush, but cannot be sustained due to lack of jurisdiction. No Court can usurp a jurisdiction, it lacks and I am afraid, this plea does not take the case of the Petitioner forward" and the Court dismissed the petition by giving the petitioner his liberty to approach the Central Administrative tribunal for the determination of his grievance.

News Courtesy:PIB | Hindu| DC | LE | LI | LO | IE | LL | PTI |ht | ET | UNI | DNA | FP | Jurist |IndToday|

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