SURYAKANT SHANKAR JOG Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN this writ petition the petitioners have challenged Rule 1(c) of the All India Services (Confidential Rolls) Rules, 1970 and a letter dated 20th May, 1987 addressed by the Special Secretary to the Government of Maharashtra, Home Department, to the Director General, Inspector General of Police. State of Maharashtra under which the Government has rejected the proposals submitted by the petitioners relating to the writing of confidential reports. The entire dispute relates to the manner in which and the authorities by whom the confidential reports of members belonging to the All India Police Service have to be written.

(2.) IT is the submission of the respondents that the dispute is covered by the provisions of the Administrative Tribunals Act, 1985 (hereinafter referred to as 'the Act') and hence this Court has no jurisdiction to entertain the writ petition. The matter is, therefore, being heard in order to decide this preliminary issue.

(3.) UNDER Section 14(1) of 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 recruitment, and matters concerning recruitment, to any All India Service. Therefore, under Section 28 read with Section 14 of the Act, on the constitution of the Central Administrative Tribunal all service matters pertaining to any All India Service will have to be decided by the Central Administrative Tribunal and the High Court shall cease to have jurisdiction in connection with such matters.