CHANDRAKUMAR Vs. UNION OF INDIA BY ITS SECRETARY, MINISTRY OF LAW AND JUSTICE, NEW DELHI, 2. REGISTER, PRINCIPAL BENCH, CENTRAL ADMINISTRATIVE TRIBUNAL, NEW DELHI, 3. REGISTER, ADDITIONAL BENCH, CENTRAL ADMINISTRATIVE TRIBUNAL, MADRAS

JUDGEMENT

(1.) The writ petition challenges the validity of S. 5(6) of the Administrative Tribunals Act, 1985. The said sub-section reads as follows -

(2.) This stand is opposed by the learned counsel for the Union of India that the Supreme Court had gone into the provisions of the Act in a detailed fashion, and in so far as nothing was said about the said subsection, it must be deemed to have been upheld. We are of the view that the proper remedy of the petitioner will be to move the Supreme Court and not this Court. Accordingly we dismiss the writ petition. There will be no order as to costs.

(3.) After we pronounced the order, an oral application was made for grant of leave. In view of the importance of the matter which affects the proper functioning of the Tribunal, we grant leave. In view of the importance of the matter which affects the proper functioning of the Tribunal, we grant leave.