Where the grievance of the petitioner amount to “service matter”, the Central Administrative Tribunal is the Court of first instance: Madhya Pradesh High Court
Citation: Ramesh Pal v. Union of India and Ors. (MP High Court WP 9086 of 2013)
Highlights:
Where the matter was under the jurisdiction of the tribunal, it was out of the hands of the High Court. When the matter was deemed to be a service matter, it was held that the tribunal would be the court of first instance, not the High Court.
Facts:
The petitioner invoked the jurisdiction of the Court under Article 226 of the Constitution challenging the enquiry report of the Internal Complaint Committee. The Central Administrative Tribunal shall exercise on and from the appointed day, all the jurisdiction exercisable before that day by all courts in relation to all service matters pertaining to service in connection with the affairs of the Union.
Judgement:
The court held that in this case, the Tribunal would have jurisdiction to decide the case laid down before them.
Rationale:
The High Court contended that in the matters where the grievance of the petitioner amount to “service matter”, the Central Administrative Tribunal is the Court of first instance. In this case, it was established that a case of sexual harassment at a workplace in relation to the union shall be considered a “service matter”. Therefore, as per section 14 of the Administrative Tribunals Act, the Central Administrative Tribunal shall be the proper forum in such service matters in relation to the Union. Therefore, the High Court cannot entertain such cases.
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