RAM ASREY PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) This petition under Article 226 of the Constitution has been filed for quashing the charge-sheets dated 11.1.1999 and 6.9.2001 which have been served upon the petitioner (copy filed as Annexures-3 and 9 to the writ petition). Another prayer made is that a writ of mandamus be issued commanding the respondents to consider the case of the petitioner for promotion on the post of Principal Secretary.

(2.) The petitioner joined Provincial Civil Service of the State of U. P. and became a member of Indian Administrative Service in 1994. He was posted as Additional Director (Administration) in Rajya Krishi Utpadan Mandi Parishad, Lucknow, from 19.7.1989 to 28.7.1991. The charge-sheets have been issued alleging that he conducted some acts of misconduct during the period he was posted as Additional Director (Administration) in the Mandi Parishad.

(3.) Section 14 (1) (b) of the Administrative Tribunals Act, 1985 (hereinafter referred to as the Act) lays down that save as otherwise expressly provided in the Act, the Central Administrative Tribunal shall exercise, on and from the appointed day all the Jurisdiction, powers and authority exercisable immediately before that day by all Courts, except the Supreme Court, in relation to all service matters concerning a member of any All India Service. Therefore the petitioner has an equally efficacious and alternative remedy of approaching the Central Administrative Tribunal for redress of his grievances and the writ petition is not maintainable.