UNION OF INDIA Vs. ANKIT KANJIBHAI DARJI

JUDGEMENT

(1.) RULE. Learned advocate Mr. K. K. Shah waives service of notice of Rule on behalf of the respondent. Heard learned advocate Mr. B. N. Doctor for the petitioners and learned advocate Mr. K. K. Shah for the respondent.

(2.) THERE is no dispute on the aspect that a contention was raised before the Central Administrative Tribunal that Bharat Sanchar Nigam Limited is not included in the Schedule under Section 14 of the Central Administrative Tribunals Act, 1985, and, therefore, the Tribunal may not have jurisdiction to entertain and decide the said Original Application. There is also no dispute on the aspect that factually, no such Notification is issued and, therefore, the Tribunal lacked jurisdiction to decide the Original Application.

(3.) IN the light of the above legal and factual scenario, the order passed by the Tribunal on merits cannot be permitted to stand, having been passed without jurisdiction. The question of jurisdiction though raised before Tribunal, it has not been addressed to or answered to by the Tribunal. Accordingly, the order of the Tribunal passed in Original Application No. 33 of 2006 dated 16th June, 2006, is hereby quashed and set aside only on the above aspect without entering into merits.