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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Kendriya Vidyalaya Sangthan – Appellant
Versus
Balwinder Kumar – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
The instant regular second appeal is preferred by the appellants-defendants against the judgment and decree dated 28.01.2002 passed by the learned trial Court whereby the suit seeking declaration of the impugned order dated 03.07.1997 passed by the appellant-defendant No.3 vide which the respondent-plaintiff was dismissed from service as illegal, unlawful and unconstitutional, has been decreed and the judgment and decree dated 16.07.2008 passed by the learned lower Appellate Court vide which the appeal preferred by the appellants-defendants against the judgment and decree dated 28.01.2002 passed by the learned trial Court stood dismissed.
2. In brief, the facts are that the respondent-plaintiff was appointed as Sweeper in the Kendriya Vidyalaya, Gurdaspur on permanent basis and was discharging his duties honestly and diligently. However, vide order dated 03.07.1997 passed by the appellant-defendant No.3, the respondent-defendant was dismissed from service on the allegations that during the period from 29.08.1994 to 23.10.1994, he had failed to perform his duties and caused damage to the furniture lying in the class room intentionally. He was issued m
High Courts cannot directly entertain service matters; such issues must first be addressed by the appropriate Administrative Tribunal as per the Administrative Tribunals Act.
Parties cannot by agreement confer jurisdiction on a court that lacks the jurisdiction to adjudicate the matter; such stipulations are void and against public policy.
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 power of the Chairman under Section 25 of the 1985 Act to transfer cases is distinct from the decision-making powers on the judicial side, and the scope of judicial review of an ad....
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 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....
The court emphasized that jurisdictional issues must be resolved before a tribunal can adjudicate on matters, especially when related proceedings are pending in higher courts.
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