UMESH C.BANERJEE, G.B.PATTANAIK
Union Of India – Appellant
Versus
Rasila Ram – Respondent
ORDER
The aforesaid appeals are directed against the order of the Full Bench of the Central Administrative Tribunal in a batch of applications before it recording a finding that an order passed by the competent authority under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 for eviction would also come within the purview and jurisdiction of the Administrative Tribunal constituted under Administrative Tribunals Act, 1985. The Tribunal by the impugned order has construed the expression service matter defined in Section 3(q) of the Administrative Tribunals Act and because of the expression any other matter whatsoever occurring in Clause (v) thereof, it has come to the conclusion that the eviction of unauthorised occupants from the Government quarter, would tantamount to a service matter, and therefore, Tribunal retains jurisdiction over the same, in view of the overriding effect given to the Act by virtue of Section 33 of the said Act.
2. The Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as the "Eviction Act") was enacted for eviction of unauthorised occupants from public premises. To attract the said provisions, it must b
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