Krishna Kumar Jaiswal vs Union Of India And 2 Others
2023 Latest Caselaw 23044 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:169788
 
Court No. - 37
 
Case :- WRIT - A No. - 13966 of 2023
 
Petitioner :- Krishna Kumar Jaiswal
 
Respondent :- Union Of India And 2 Others
 
Counsel for Petitioner :- Suresh Kumar Gupta
 
Counsel for Respondent :- A.S.G.I.,Gaurav Mahajan,Sanjay Kumar Om
 

 
Hon'ble Abdul Moin,J.

Heard learned counsel for the petitioner and Sri Sanjay Kumar Om, learned counsel appearing on behalf of the Union of India.

Instant petition has been filed against the Union of India.

Sri Sanjay Kumar Om, learned counsel for the respondents, point out that the petitioner is a Central Government employee. Placing reliance on the judgment of Hon'ble Apex Court in the case of L. Chandra Kumar vs. Union of India and others reported in AIR 1997 SC 1125, it is contended that the Court of first instance is the Tribunal and consequently the Court may not entertain the petition.

Considering the provisions of the Administrative Tribunals Act, 1985 and keeping in view the law laid down by the Constitution Bench of the Apex Court in the case of L. Chandra Kumar (supra), the Court of first instance is the Central Administrative Tribunal. Accordingly, the writ petition is dismissed leaving it open to the petitioner to approach the Central Administrative Tribunal.

Order Date :- 23.8.2023

Pachhere/-