UNION OF INDIA Vs. SUNIL KUMAR JHA

JUDGEMENT

(1.) This writ petition is directed against the order dated 01.12.2004(Annexure-1), passed by the Central Administrative Tribunal, Patna Bench, in O.A.No.741 of 2002 (Sunil Kumar Jha & Anr. Vs. The Union of India & Ors.), whereby the application preferred by the two original applicants has been allowed, and the consequential direction has been issued to the authorities.

(2.) A brief statement of facts essential for disposal of the writ petition may be indicated. The two applicants claimed certain relief against the Bharat Sanchar Nigam Ltd.(hereinafter referred to as the BSNL), a Govt. of India undertaking. At the time of institution of the original application till the time of its disposal, BSNL was not within the jurisdiction of the Tribunal, notwithstanding which the Tribunal proceeded to dispose of the matter on merits.

(3.) We have no manner of doubt that the Tribunal should not have dealt with the matter on merits in a situation where there was complete absence of jurisdiction, and ought to have rejected the same on the ground of its maintainability. This view is supported by the judgment of a Division Bench of this Court in the case of Shri Bhagirath Prasad & Anr. Vs. Hari Narayan Paswan & Ors., reported in 2005(4) PLJR, page 53. The respondents before the Tribunal had filed a written statement where the emphasis was on the maintainability of the original application, and half-hearted attempt was made to meet the matter on merits. The only possible order for the Tribunal was to dismiss the original application on its maintainability. The Tribunal not only dealt with the matter on merits, but also heavily relied on its earlier order which had the same party raising the same issue in O.A. No. 689 of 1999. It is relevant to state that the Govt. of India has since issued the requisite notification, whereby BSNL has been brought within the jurisdiction of the Central Administrative Tribunal.