The Central Administrative Tribunal has exclusive jurisdiction to adjudicate upon all disputes relating to service matters, including disciplinary proceedings, concerning central government employees.

S. K. Dhaon, J.

1. An assistant in the Post and Telegraph Department has invoked the jurisdiction of this Court under Article 226 of the Constitution with a prayer that the respondents may be restrained from taking any disciplinary proceedings against him.

2. The petitioner has come out with the case that at the relevant time he was employed as a clerk in the Postal Department. A first information report had been lodged, investigation followed and a charge-sheet submitted against the petitioner. Thus, he is facing a prosecution before a competent court of law. During the pendency of the criminal case, departmental proceedings have been initiated. If such proceedings are allowed to continue, the petitioner will be seriously prejudiced in the trial before the criminal court.

Is the jurisdiction of this Court barred in view of the provisions of section 28 read with section 14 of the Administrative Tribunals Act, 1985 (hereinafter referred to as the Act) ? Obviously, the petitioner contends that this Court has the jurisdiction to issue a direction as prayed for by him. In our view we have no such jurisdiction. Section 3 (q) of the Act defines "service matters" in relation to a person, to mean : "all matters relating to the conditions of his service in connection with the affairs of the Union or of any State of any local or other authority within the territory of India or under the Control of the Government of India, or, as the case may be, of any corporation owned or controlled by the Government, as respects, amongst others, disciplinary matters, or any other matter whatsoever." There is no dispute that the petitioner is in service in connection with the affairs of the Union. Section 14 in so far as it is relevant to the present controversy, reads : "save as otherwise expressly provided in the Act, the Central Administrative Tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all courts (except the Supreme Court under Article 136 of the Constitution) in relation to all service matters concerning a person appointed to any civil service of the Union or any civil post under the Union and pertaining to the service of such a person. The expression "in relation to" embraces words of comprehensive and not of restrictive contents. If we substitute "disciplinary matters or any other matters whatsoever" for "all service matters", it will be immediately seen that the Administrative Tribunals under section 14 stand conferred with the jurisdiction and powers of all courts except the Supreme Court in relation to disciplinary proceedings and any other matter whatsoever concerning a person appointed to any civil service under the Union or any civil post under the Union. Thus, the Administrative Tribunal has been given the exclusive jurisdiction, power and authority (except in the case of the Supreme Court) in relation to disciplinary matters or any other matter whatsoever concerning the petitioner. The grievance of the petitioner in this Court squarely concerns the petitioner in relation to disciplinary matters or at any rate, any other matter whatsoever. The conclusion, therefore, is inevitable that the Central Administrative Tribunal has the jurisdiction, power and authority to deal with the grievance of the petitioner as contained in the instant petition.

3. Let us now read section 28. It says that on and from the date from which any jurisdiction, powers and authority becomes exercisable under the Act by a Tribunal in relation to recruitment and matters concerning recruitment to any Service or post or service matters concerning members of any service or persons appointed to any service or post, no Court (except the Supreme Court under Article 136 of the Constitution) shall have, or be entitled to exercise any jurisdiction, powers or authority in relation to such recruitment or matter concerning such recruitment or such service matters. The provisio