BHAGIRATH PRASAD Vs. HARI NARAYAN PASWAN

JUDGEMENT

(1.) This writ application has been filed by the officers of the Bharat Sanchar Nigam Limited (hereinafter referred to as "BSNL") for quashing the order dated November 10, 2004 passed in CCPA No. 129 of 2002 whereby, the Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred to as the Tribunal) while dismissing the aforesaid application has directed the Department of Telecommunication through its Secretary to refer the matter as prayed for in the said case to the BSNL within a period of three months from the date of receipt of the order for necessary compliance of the order passed by the Tribunal in O. A. No. 316 of 2000.

(2.) The factual matrix show that the respondents No. 2 to 4 filed O.A. No.316 of 2000 for their regularisation in which BSNL was not a party and some directions were issued for regularisation and when the order was not carried out, they filed the aforesaid CCPA No. 129 of 2002 for proceeding for non I compliance of the earlier direction.

(3.) The officers of the BSNL who were arrayed as party has raised the sole objection that the BSNL has been created as a Corporation by the Government of India and it has come into existence since October 1, 2000 and it has an independent identity and is a Government owned company as has been incorporated under the Companies Act with a view to take over the business of providing telecommunication service and operation which was being carried out by the Department of Telecommunication. BSNL having separate existence and has not been brought within the purview of Tribunal under Section 14(2) of the Administrative Tribunal Act, 1985 (hereinafter referred to as the Act), it is not amenable to the jurisdiction of the Tribunal. The Tribunal as appears from the impugned order found substance in the objection and accordingly dismissed the application and discharged the respondents-writ petitioners but issued the aforesaid direction to the Secretary of the Department of Telecommunication to get the order complied by the BSNL.