SITARAM SHARMA Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) The petitioner in this writ petition impugns the order of the Rajasthan Civil Services Appellate Tribunal (for short 'RCSAT') whereby the appeal preferred by the petitioner has been dismissed on the ground that there was no impugned written order against the petitioner. Core question therefore emerges for consideration is as to whether appeal before the RCSAT is maintainable without the impugned written order?

(2.) A radical change was made in the Constitutional law relating to the services by the 42nd Constitution Amendment Act, 1976, which inserted into the Constitution Art. 323-A to take out the adjudication of disputes relating to the recruitment and conditions of service of the public services of the to Union and of the States from the hands of the civil courts and the High Courts and to place it before an Administrative Tribunal for the Union or of a State (as the case may be). Their Lordships of the Supreme Court in Vatticherukuru Village Panchayat Vs. Nori V. Deekshithulul 1991 Supp. (2) SCC 228 indicated in pare 18 thus:-

(3.) In J.B. Chopra Vs. Union of India (1987) 1 SCC 422 the Honourable Supreme Court observed that the Administrative Tribunal had the necessary jurisdiction, power and authority to adjudicate upon all disputes relating to service matters including the power to deal with all questions pertaining to the constitutional validity or otherwise of such laws as offending Articles 14 and 16(1) of the Constitution.