The jurisdiction of Tribunals cannot be overlooked by approaching the High Court: Delhi High Court
Citation: Sarita Verma V. New Delhi Municipal Corporation &Ors. (Delhi High Court 2016(4)SCT33(Delhi))
Highlight:
It is not open for litigants to directly approach the High Courts by overlooking the jurisdiction of the Tribunal concerned.
Fact:
The Petitioner, charged with sexual harassment, had challenged the order of the Sexual Harassment Committee of the Respondent.
Issue:
Whether the petitioner can approach the High Court by way of writ petition overlooking the jurisdiction of CAT?
Held:
It was held by the court that the present writ petition is not maintainable as petitioner has an alternate effective remedy under the Central Administrative Tribune (CAT).
Rationale:
It was held by the Court that the Tribunals will function as the only Court of first instance in respect of the areas of law for which they have been constituted. Even where any challenge is made to the powers of the legislation, excepting the legislation under which Tribunal has been set up, in such cases also, litigants will not be able to directly approach the High Court “overlooking the jurisdiction of the Tribunal”.
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