Citation : 2024 Latest Caselaw 17635 ALL
Judgement Date : 16 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:88990 Court No. - 35 Case :- WRIT - A No. - 7604 of 2024 Petitioner :- Lalta Deoki Singh Respondent :- Chief General Manager Bharat Sanchar Nigam Ltd And Another Counsel for Petitioner :- Dharmendra Singh,Rajendra Kumar,Rajnish Kumar Verma Counsel for Respondent :- Radha Mohan Pandey Hon'ble Prakash Padia,J.
1. The matter relates to Bharat Sanchar Nigam Ltd.
2. A preliminary objection has been raised by Sri Radha Mohan Pandey, learned counsel for the respondents that the present writ petition is not maintainable before this Court as there is a statutory alternative remedy available to the petitioner by approaching the Central Administrative Tribunal under Section 14 of Administrative Tribunal Act, 1985 and in view of the law laid down by Hon'ble Apex Court in L. Chandra Kumar vs. Union of India, 1997 3 SCC 261.
3. As the matter pertains to a post under the Central Government, as such this Court does not have jurisdiction to entertain and decide the petition keeping in the view the judgment of the Apex Court in the case of L. Chandra Kumar vs. Union of India and others reported in AIR 1997 SC 1125, as the court of first instance is the Central Administrative Tribunal.
4. Accordingly, keeping in view the law laid down by the Constitution Bench of the Apex Court in the case of L. Chandra Kumar (supra), the writ petition is dismissed leaving it open to the petitioner to approach the Central Administrative Tribunal for any of their grievances.
Order Date :- 16.5.2024
S.K.
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