THIRUKKOVELA VIJAYA KUMAR Vs. THE UNION OF INDIA

JUDGEMENT

(1.) Heard learned senior counsel Sri T.Surya Kiran Reddy representing Sri S.Lakshminarayana Reddy, counsel for petitioner in W.P.No.36407 of 2015, learned counsel Sri Sri B.Vijaysen Reddy for petitioner in W.P.No.35307 of 2015 and learned counsel Sri N.Ashwani Kumar, for National Institute of Rural Development (NIRD).

(2.) The National Institute of Rural Development is a premier training and research institute in the field of Rural Development. It is an autonomous organization under the Ministry of Rural Development, Government of India. Petitioners herein joined service of the NIRD as Assistant Professors in the year 2002 and are presently working as Associate Professors. A lady officer working as Assistant Professor complained against the petitioners alleging that petitioners were indulging in maligning her character by spreading false rumors; concocted stories were spread on her personal life; and indulging in passing demeaning comments on her and other lady officers of NIRD. The allegations were referred to the Internal Complaints Committee constituted by the competent authority vide his proceedings dated 20.10.2015. The committee conducted enquiry and submitted report. Based on the report, petitioners were served show cause notices calling upon them to submit explanations. Vide Office Memorandum dated 20.10.2015 petitioners were visited with punishment and are also transferred to NIRD -NERC, Guwahati. By office order No.426 dated 26.10.2015, they were relieved. Challenging the orders in office memorandum dated 20.10.2015 and the consequential relieving order dated 26.10.2015, these two writ petitions are filed. In addition, petitioner in WP No.35307 of 2015 also challenges the show cause notice dated 5.8.2015.

(3.) When the matters were taken up for consideration, the Learned counsel for respondent -NIRD raised preliminary objection on maintainability of writ petitions. Learned counsel contended that the petitioners have efficacious remedy under the Administrative Tribunals Act, 1985 before the Central Administrative Tribunal (for short, CAT). With reference to the service grievances of the employees working in NIRD, the jurisdiction is vested in CAT by virtue of the notification issued in S.O.1228(E) dated 25.07.2007 in exercise of power under Section 14 (2) of the Administrative Tribunals Act, 1985 (for short, Act, 1985). NIRD is shown against serial no.48 of the notification.