H.R. SHARMA Vs. BHARAT SANCHAR NIGAM LTD.

JUDGEMENT

(1.) The petitioner who is an employee of the Bharat Sanchar Nigam Limited, a Government of India Enterprise, has assailed the suspension order dated May 30, 2002 as well as change of Headquarters.

(2.) In pursuance of the powers conferred upon it by Clause (1) of Art. 323 A of the Constitution, Parliament enacted the Administrative Tribunals Act, 1985 (Act 13 of 1985). Chapter III of the said Act consists of Sections 14 to 18. Sec. 14, 15 and 16 of the said Act deals with the jurisdiction, powers and Authority of the Central Administrative Tribunal, the State Administrative Tribunals and the Joint Administrative Tribunals respectively. These provisions made it clear that except for the jurisdiction of the Honourable Supreme Court, the Tribunals under the Act 13 of 1985 will possess the jurisdiction and powers of every other Court in the country in respect of all service related matters. Their Lordships of the Supreme in L. Chandra Kumar Vs. Union of India, (1997) 3 SCC 261 : [1997(2) SLR 1 (SC)] indicated in pars 99 thus:

(3.) Mr. Manish Bhandari learned Counsel canvassed that the petitioner is the employee of Bharat Sanchar Nigam Limited which is amenable to the writ jurisdiction under Art. 226 of the Constitution as no Notification has been issued under the Act. In view of the ratio propounded by the Constitution Bench of the Honourable Supreme Court, I am unable to persuade myself to agree with the submission. Tribunal performs a supplemental role in discharging the powers conferred under Articles 226/227 of the Constitution as is held by the Honourable Supreme Court in L. Chandra Kumar case (supra). I am of the opinion that the petitioner should first approach the Tribunal and thereafter, if he feels aggrieved against the order of the Tribunal, he is at liberty to seek remedy before the Division Bench of this Court.