PAWAN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner by this writ petition filed under Article 226 of the Constitution of India seeks a writ of quo warranto questioning the appointment of the private respondent nos.3 to 6 with the respondent no.2/National Technical Research Organization. Respondent no.2 is a department of Union of India and therefore the employer of the private respondent nos.3 to 6 is Union of India.

(2.) ALL service issues with respect to recruitment etc of government servants with the government have to be decided by the Central Administrative Tribunal (CAT) by virtue of Section 14 of the Administrative Tribunals Act, 1985 (hereinafter referred to as 'the Act') inasmuch as Section 14(1)(a) of the Act provides that all issues with respect to the recruitment to a post under Union of India has to be decided by the CAT. The issue of quo warranto or whether the recruitment of respondent nos.3 to 6 is or is not valid, therefore, will necessarily have to be decided by the CAT.

(3.) THE Constitution Bench of the Supreme Court in the judgment in the case of L. Chandra Kumar vs. Union of India and Ors., 1997 AIR(SC) 1125 in its para 99 has observed as under: -