Gulsunara Begum vs Union Of India & Ors
2021 Latest Caselaw 89 Cal

07.01.2021
Item No.73
Court No.16
  SG/AP
                                     WPCT 63 of 2020

                                 Gulsunara Begum
                                        -Vs.-
                                Union of India & Ors.
                             (Through Video Conference)

                 M/s. Tarak Chandra Dutta,
                      Quazi Md. Hafizullah and
                      G.S. Kaderi, Advocates
                                         ... For the Petitioner,
                                           present in court.


                 Mr. Anuran Samanta, Advocate
                                      ... For the Respondents,

present in court.

Challenge in the present petition has been made to

order dated 31.07.2020 passed by the Principal Chief

Personnel Officer, Eastern Railway, Kolkata, in

pursuance to direction issued by Central

Administrative Tribunal, Kolkata in OA No. 1646 of

2019 filed by the petitioner. It was in terms of the

directions issued in the aforesaid original application

filed by the petitioner that the impugned order has

been passed. Jurisdiction to raise the issue regarding

challenge to the aforesaid order passed in pursuance

to the direction issued by the Tribunal certainly lies

with the Tribunal and the petitioners cannot skip that

remedy and approach this court directly. Earlier

judgment of this Court dealing with the issue, which

allegedly has not been considered by the competent

authority while deciding the writ petition in terms of

the order passed by the Tribunal, cannot be a ground

to entertain the writ petition.

Hence, the present writ petition is dismissed as not

maintainable.

However, the same shall not debar the petitioner to

avail of his appropriate remedy to challenge the order

impugned in the present writ petition. Though, we

have not observed anything on merits of the

controversy, still it is made clear that nothing said

above shall be considered as expression of opinion on

merits of the controversy. The Tribunal, if called upon,

shall consider the matter on its own merits.

(Rajesh Bindal, J.)

(Aniruddha Roy, J.)