LAWS(DLH)-2001-8-204

S L SHAILANI Vs. UNION OF INDIA

Decided On August 31, 2001
S.L.SHALIANI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) By consent of Counsel for the parties, the petition has been taken up for final disposal.

(2.) On 24/11/2000 Hon'ble Madan B. Lokur, J. had taken into consideration the fact that the Petitioner had urged an identical issue before the Allahabad Bench of the Central Administrative Tribunal and that this had been dismissed by the Tribunal in terms of its Order dated 13/9/1996. Thereafter, the Petitioner had approached the Allahabad High Court challenging the order passed by the Learned Tribunal. The High Court had applied the ratio in L.Chandra Kumar vs. Union of India and Others, 1997 SCC (L & S) 577 and found that the Writ Petition could not be entertained.

(3.) At that point of time, it was open to the Petitioner to file a Special Leave Petition before the Hon'ble Supreme Court. He did not do so. The consequence can only be that the Order passed by the Central Administrative Tribunal, Allahabad Bench, has become final and binding on the Petitioner. In the afore-mentioned order dated 24/11/2000, Hon'ble Madan B. Lokur, J. had also observed that since the cause of action had arisen within the Jurisdiction of the Allahabad Bench of the Central Administrative Tribunal, this Court would have no territorial jurisdiction. Despite these observations, and the Petitioner being clearly put to notice of the issue involved, he has resolutely insisted on maintaining the present Petition in this Court and arguing the case on its merits.