Hari Kanta Roy vs The Bharat Sanchar Nigam Limited & ...
2022 Latest Caselaw 7698 Cal

   18.
21.11.2022
   S.D.

                                    W.P.A. 23534 of 2022

                                     Hari Kanta Roy
                                           Vs.
                        The Bharat Sanchar Nigam Limited & Ors.



                   Mr. Abhimanyu Banerjee
                                                      ..For the Petitioner

                   Ms. Shreyasi Bhaduri
                                                      ...For the BSNL

                   Mr. Banerjee, learned counsel appearing on behalf of

             the petitioner submits that the petitioner's pension to the tune

             of 100 per cent has been withheld for the combined service

             rendered by him with the Bharat Sanchar Nigam Limited (in

             short, 'BSNL') and DoT on permanent basis. The said order

             was passed on December 29, 2021 by the CMD (in short,

             "Chief Managing Director"), BSNL, a disciplinary authority,

             New Delhi.     The petitioner has challenged the impugned

             order dated December 29, 2021 in the writ petition. The said

             order was communicated to the petitioner by the Chief

             General Manger/respondent no. 2 on January 21, 2022.

It is submitted that the CMD, BSNL was not the

authority concerned. Furthermore, without initiation of

disciplinary proceeding against the petitioner, an order of

punishment passed against him. As such, the said order of

punishment is illegal and/or void is liable to be set aside

and/or quashed.

Ms. Bhaduri, learned advocate appearing on behalf of

the respondent authorities, submits that this Court has no

jurisdiction to entertain the writ petition since under the

Administrative Tribunals Act, 1985, the proper forum for

ventilation of the petitioner's grievances would be the

appropriate Tribunal having jurisdiction over the issue.

She relies on a judgment passed by a Coordinate Bench

in W.P.A. 7402 of 2021 (Mahua Chakraborty and Anr. Vs.

Union of India and Ors.) in support of her contention that

appropriate Tribunal before the Administrative Tribunals Act,

1985 is the authority having jurisdiction in this matter.

In the light of the submissions made hereinabove and

considering the Notification dated October 31, 2008, this Court

is of the view that the appropriate forum is the Tribunal

authorized under the Administrative Tribunals Act, 1985.

With the observations made hereinabove, the writ

petition being W.P.A. 23534 of 2022 is dismissed with liberty

to approach the appropriate Tribunal having jurisdiction on

the selfsame cause of action.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied

for, be given to the parties upon compliance with all the

formalities.

(Lapita Banerji, J.)