R S BHALIA Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONERS , employees under the Union of India, Ministry of Health and Family Welfare, have challenged recovery initiated by the respondents. Such recovery are challenged on the various grounds including that no hearing was granted to them. Admittedly, they are permanent and regular employees of the Union of India. In view of provisions contained in Section 14 read with Section 28 of the Administrative Tribunals Act, subject matter of this writ petition would be within the purview of jurisdiction of the Central Administrative Tribunal.

(2.) LEARNED counsel for the respondents pointed out that large number of similarly situated persons of the same organization had also have similar grievance approached various Tribunals in the country, in our opinion, therefore, the petitioners must first approach Central Administrative Tribunal.

(3.) COUNSEL for the petitioners, however, submitted that there was a breach of principles of natural justice in passing the impugned orders and further since the writ petition has already been admitted, the petitioners may not be relegated to alternative remedy.