DURJAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) -

(2.) AN assistant in the Post and Telegraph Department has invoked the jurisdiction of this Court under Article 226 of the Constitution with a prayer that the respondents may be restrained from taking any disciplinary proceedings against him.

(3.) LET us now read section 28. It says that on and from the date from which any jurisdiction, powers and authority becomes exercisable under the Act by a Tribunal in relation to recruitment and matters concerning recruitment to any Service or post or service matters concerning members of any service or persons appointed to any service or post, no Court (except the Supreme Court under Article 136 of the Constitution) shall have, or be entitled to exercise any jurisdiction, powers or authority in relation to such recruitment or matter concerning such recruitment or such service matters. The provision under reference, namely, section 28 ousts the jurisdiction, powers and authority of all the courts except the Supreme Court in relation to the three matters. Firstly, recruitment, secondly, matters concerning recruitment and thirdly, service matters concerning persons appointed to any post. For ascertaining the amplitude of the expression "service matters" we have to necessarily refer to the statutory definition in section 3 (q). Once that is done, disciplinary matters or any other matters whatsoever have to be read in place of "service matters" in section 28. The petitioner, we may repeat, is a person appointed to a post within the meaning of the said provision. Again the inevitable conclusion is that the jurisdiction, powers and authority of all courts except the Supreme Court in relation to the disciplinary matters or any other matters concerning the petitioner stand ousted. A fortiorari, the jurisdiction of this Court too stands excluded.