Delhi High Court: Jyoti Singh, J., refused to entertain a writ petition filed by a member of All India Services holding that the remedy lies with Central Administrative Tribunal.
Petitioner qualified the Civil Services Examination in the year 1986 and was allocated Indian Police Service (IPS) and assigned Haryana Cadre.
Petitioner assailed the empanelment dated 18-02-2019 made by UPSC and the subsequent appointment of respondent 4 as DGP, State of Haryana vide appointment order dated 18-02-2019.
Appointment of respondent 4 was initially challenged by the petitioner in the Supreme Court which was disposed of with the order that petitioner may approach the jurisdictional High Court.
UPSC Counsel raised an objection to maintainability and submitted that this Court has no jurisdiction to entertain the petition.
He contended that, IPS is an All India Service, and thus petitioner is amenable to the jurisdiction of Central Administrative Tribunal.
Senior counsel for the petitioner further submitted that the present petition had been filed in terms of the liberty granted by the Supreme Court and thus it is not open to respondents to raise any objection to its maintainability.
Decision
Petitioner is a member of an All India Service, which is covered under Section 14(1)(b)(i) of the Administrative Tribunals Act, 1985
Section 14(1)(b)(i) of the Act provides that, save as otherwise expressly provided in the Act, the Central Administrative Tribunal shall exercise on and from the appointed day, all the jurisdiction, power and authority exercisable immediately before that day, by all Courts in relation to all service matters concerning a member of any All India Service.
Section 3(q) of the Act defines ‘Service Matters’ as all matters relating to conditions of a service and includes matters with respect to tenure, confirmation, seniority, promotion etc.
Constitution Bench of Supreme Court observed in the case of L. Chandra Kumar v. Union of India, (1997) 3 SCC 261, that the Tribunals created pursuant to Article 323-A or under Article 323-B of the Constitution of India are competent to hear matters entrusted to them and will continue to act as only Courts of ‘first instance’ in respect of the areas of law for which they have been constituted.
Insofar as the jurisdiction of the High Courts is concerned, Supreme Court further observed that the jurisdiction conferred upon the High Courts under Articles 226/227 and upon the Supreme Court under Article 32 of the Constitution of India, is a part of the inviolable basic structure of the Constitution.
While this jurisdiction cannot be ousted, other Courts and Tribunals may perform a supplemental role in discharging the powers conferred on the High Courts and the Supreme Court.
Thus, in view of the above stated Supreme Court decision, High Court cannot entertain the present petition and remedy of the petitioner lies only before the CAT. [Prabhat Ranjan Deo v. UPSC, 2020 SCC OnLine Del 738 , decided on 13-07-2020]
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