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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Bharat Sanchar Nigam Limited – Appellant
Versus
Ranju Prasad D/o Late Kapildeo Prasad – Respondent
| Table of Content |
|---|
| 1. quashing of central administrative tribunal orders (Para 1 , 2 , 3) |
| 2. court's perspective on jurisdictional challenges (Para 4 , 5 , 6 , 7 , 13 , 14) |
| 3. arguments regarding tribunal's jurisdiction (Para 11 , 12) |
| 4. function and purpose of administrative tribunals (Para 15 , 16 , 17 , 18 , 19 , 20) |
| 5. judicial review of tribunal's decisions (Para 24 , 25 , 28 , 30 , 32 , 33) |
| 6. final conclusion and order for new tribunal hearing (Para 39 , 40 , 44 , 45) |
JUDGMENT :
1. Both the writ petitions have been listed together for analogous hearing.
2. The prayers have been made in both the writ petitions for quashing of the order dated 01.10.2024 passed by the learned Central Administrative Tribunal, Patna Bench, Patna (Circuit Bench at Ranchi) in O.A. No. 162 of 2019 and O.A. No. 163 of 2019, whereby and whereunder, the relief sought for in the original applications have been allowed.
3. The reliefs which were the subject matter of the two original applications are as follows:
In. O.A. No. 162 of 2019:
i. For commanding upon the respondents for promoting the applicant in the IDA pay scale w.e.f. 01.10.2004 under the Non- Executive promotion Policy (hereinafter referred as NEPP) whic
The Central Administrative Tribunal must act independently as the court of first instance and cannot rely on previously quashed High Court orders in its adjudication.
Administrative tribunals have exclusive jurisdiction over service matters, and bypassing them for adjudication in High Court is generally not permitted unless in exceptional circumstances.
The failure to file a delay condonation application renders an original application before the Tribunal non-maintainable, emphasizing strict adherence to statutory provisions.
The lack of jurisdiction of a tribunal is a fundamental issue that can be raised at any stage, and any decision made by a tribunal without jurisdiction is a nullity.
The Administrative Tribunal cannot set aside arbitral awards as jurisdiction for such challenges lies exclusively under the Arbitration and Conciliation Act, requiring adherence to its defined proced....
The High Court held that litigants must approach Administrative Tribunals first for recruitment-related matters, as exclusive jurisdiction was conferred under the Administrative Tribunals Act, even f....
The main legal point established in the judgment is that parties cannot directly approach the High Court under Article 226 of the Constitution in respect of service matters covered by the Act of 1985....
The Central Administrative Tribunal must act as a court of first instance, addressing factual inquiries rather than merely exercising judicial review powers.
The court emphasized the importance of ensuring candidates' qualifications are fairly considered in recruitment matters, and affirmed the tribunal's duty to address constitutional challenges to rules....
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