LAWS(SC)-1998-8-26

DURYODHAN SAHU Vs. JITENDRA KUMAR MISHRA

Decided On August 25, 1998
DURYODHAN SAHU Appellant
V/S
JITENDRA KUMAR MISHRA Respondents

JUDGEMENT

(1.) Leave granted.

(2.) Two questions have arisen for decision (i) whether an Administrative Tribunal constituted under Administrative Tribunals Act, 1985 (hereinafter referred to as the 'Act') can entertain a public interest litigation and (ii) whether on the facts of this case the Tribunal has exceeded its jurisdiction in passing the impugned order

(3.) The facts are as follows: The petitioner in S. L. P. 10472-10474/95 hereinafter referred to as the petitioner, a qualified surgeon with M. S. Degree in General Surgery had been working in the Department of Gastroenterology of S. C. B. Medical College, Cuttack as an Assistant Surgeon from 17-9-1987. Earlier he worked as Lecturer in General Surgery from 11-6-84 to 17-9-86. From 17-9-87, he was assisting the Professor and Head of the Department of Surgical Gastroenterology for about five years during which period he had acquired 'special training/experience' in the said subject.