UNION OF INDIA Vs. SHIV CHARAN SHARMA

JUDGEMENT

(1.) THE impugned order of the Central Administrative Tribunal (hereinafter referred to as "CAT"), Principal Bench, New Delhi dated 24.8.2006 passed in OA No. 757/2006 has been assailed by the petitioner -UOI on the grounds that National Highways Tribunal has not been notified under Section 14(2) of the Administrative Tribunal Act, 1985 and, Therefore, the Central Administrative Tribunal could not exercise its jurisdiction with respect to the National Highways Tribunal as the Presiding Officer of the National Highways Tribunal is not a civil post within the meaning of Section 14(1) of the Administrative Tribunal Act, 1986 (hereinafter referred to as the "Act")

(2.) ON 25.2.2003 the petitioner had invited applications for appointment to the post of Presiding Officer of the National Highways Tribunal. The respondent herein was interviewed on 18.9.2003 in response to his application to the Selection Committee for consideration/ appointment to the post of Presiding Officer of the National Highways Tribunal. The respondent could not be selected. On 9.2.2005 petitioner invited fresh applications for appointment as Presiding Officer in National Highways Tribunal against the existing vacancies which resulted into filing of OA No. 757/2006 by the respondent. In the said OA, petitioner -Union of India took a preliminary objection challenging the jurisdiction of the Tribunal to hear the OA as the National Highways Tribunal has not been notified under Section 14(2) of the Administrative Tribunal Act, 1985. The Tribunal rejected the legal objections raised by the petitioner by way of impugned order holding that the post of Presiding Officer of National Highways Tribunal was a civil post within the meaning of Section 14(1) of the Administrative Tribunal Act, 1986. This resulted into the filing of the present writ petition.

(3.) SECTION 14(1) of the Act reads as under: