Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the Central Administrative Tribunal had jurisdiction to examine and strike down, on constitutional grounds, a rule framed under the proviso to Article 309 of the Constitution in the light of the Administrative Tribunals Act, 1985 and Article 323A of the Constitution of India.
Analysis: The constitutional scheme under Article 323A and the statutory scheme under Sections 14(1), 28 and 29(1) of the Administrative Tribunals Act, 1985 were construed in the light of the earlier Constitution Bench ruling. The Tribunal was held to be a substitute for the High Court in service matters, vested with authority to decide disputes concerning service conditions and to test the constitutional validity of the impugned rule on grounds of Articles 14 and 16(1). The exclusion of the jurisdiction of the High Courts under Articles 226 and 227 did not destroy judicial review because the jurisdiction of the Supreme Court under Articles 32 and 136 was preserved.
Conclusion: The challenge that the Tribunal lacked jurisdiction to strike down the impugned notification failed, and the Tribunal's authority to decide the constitutional issue was affirmed.
Ratio Decidendi: Where a statutory tribunal is constituted as a substitute for the High Court under Article 323A and the statutory bar preserves the Supreme Court's constitutional jurisdiction, the tribunal may adjudicate service disputes including the constitutional validity of rules affecting service conditions.