UNION OF INDIA Vs. KRISHNA DEO

JUDGEMENT

(1.) The order passed by the learned Tribunal impugned in this Judgment was as against the BSNL authorities, which is not amenable to the jurisdiction of the learned Tribunal. The BSNL was formed in 2000, whereas the order was passed by the learned Tribunal in 2003. The plea of jurisdiction was gone into by the learned Tribunal, wherein the learned Tribunal found that since the cause of action arose prior to 2000, the application was held to be maintainable before the learned Tribunal.

(2.) The learned Tribunal was right as we find that the original application was filed in 1996 when the delinquent was serving through the department of Telecommunication. Hence, the Central Administrative Tribunal had jurisdiction to entertain the said application. However, in 2000 when the BSNL authorities had come into effect, the learned Tribunal should have transmitted the record to this Court for consideration.

(3.) The order impugned dated June 19, 2003 is set aside. O.A. No. 156 of 1996 be transferred to this Court to be heard as a writ petition before the learned single Judge having appropriate determination. It is made clear that we have not gone into the merits of the matter. The learned Tribunal must act as expeditiously as possible.