SHAHEEN (MRS.) Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) The grievance of the Petitioner is against the order dated 2.2.2010 passed by Respondent No. 2 where-under penalty of reduction to a lower stage in the time scale of pay by one stage for a period not exceeding one year without cumulative effect and not adversely affecting pension, has been imposed against the Petitioner.

(2.) Petitioner admittedly a Central Government employee, the dispute pertains to the service matter, therefore, question for consideration is as to whether this petition can be entertained when matter falls within the jurisdiction of Central Administrative Tribunal (hereinafter for short referred to as "the CAT").

(3.) Learned Counsel would contend that in view of the Full Bench judgment of this Court rendered in Kuldeep Khoda and Ors. v. Masood Ahmad Choudhary and Ors.,1994 J&KLR 25, Article 323A being not applicable to the State of J&K, therefore, the jurisdiction of the High Court is not ousted, Tribunal will be an additional or alternative forum and not an exclusive forum.