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1986 Supreme(SC) 537

G. L. OZA, M. M. DUTT, P. N. BHAGWATI, RANGANATH MISRA, V. KHALID
S. P. Sampath Kumar: J. N. Gupta: D. J. Somaiya – Appellant
Versus
Union Of India – Respondent


Advocates:
D.KRISHNA MURTHY, H.N.Verma, K.N.Rai, K.R.NAGARAJA, MALINI PODVAL, Mukul Mudgal, N.D.Mehta, P.H.Parekh, P.SHARMA, RAJU RAMACHANDRAN, S.K.BHARDVAJ, S.K.Sinha, S.K.VERMA, S.Ramachanra Rao

Judgement

BHAGWATI, C.J.I. (Concurring) :- I am in entire agreement with the judgment prepared by my learned Brother Ranganath Misra, but since the questions involved in these writ petitions are of seminal importance affecting as they do, the structure of the judicial system and the principle of independence of the Judiciary, I think I would be failing in my duty if I did not add a few words of my own.

2. There are two questions which arise for consideration in these writ petitions and they have been succinctly set out in the judgment of Ranganath Misra, J. The first question is whether the exclusion of the jurisdiction of the High Court under Arts. 226 and 227 of the Constitution in service matters specified in S. 28 of the Administrative Tribunals Act, 1985 (hereinafter referred to as the impugned Act) and the vesting of exclusive jurisdiction in such service matters in the Administrative Tribunal to be constituted under the impugned Act, subject to an exception in favour of the jurisdiction of this Court under Arts. 32 and 136, is unconstitutional and void and in any event, even if the first question be answered against the petitioners and in favour of the Government, the second q








































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