2010 (6) TMI 679

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.... covered by those attachment orders/prohibitory orders. Those prohibitory orders/attachment orders ran to a total amount more than the Death-Cum-Retirement-Benefit that could be released to the respondent at the time of his retirement. The Communication Accounts Officer (pension) of the Office of the CCA, Trivandrum issued a sanction order for payment of gratuity and commuted value of pension after withholding the total amount covered by the attachment orders/prohibitory orders. The respondent challenged it by filing a writ petition before this Court which, in turn, was transferred to the CAT when BSNL was brought under the jurisdiction of that Tribunal. 2. The plea of the respondent was that the order withholding gratuity is illegal and n....

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....ent till the date of payment. 5. The establishment is before us challenging the aforesaid decision as one without jurisdiction and contrary to law. 6. We have heard the learned counsel for the establishment and the learned counsel for the respondent officer. 7. The learned counsel for the establishment argued that the action taken by it and its officers were strictly in conformity with the prohibitory orders/attachment orders issued by the civil courts as also by the authorities under the RR Act and that in terms of the provisions of the Code of Civil Procedure and the RR Act, the establishment was bound to obey such attachment orders/prohibitory orders. It was also argued that if the establishment or its officers had violated the order....

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....re can be no dispute on this. 10. Now, the jurisdiction of a Tribunal established under the provisions of the Administrative Tribunals Act, 1985 does not in any manner extend to sitting in judgment on the correctness or otherwise of a judicial order of a civil court or even an order issued by the statutory authority under the RR Act. An officer of an establishment within the jurisdiction of the Tribunal cannot seek relief therefrom qua an attaching creditor. The officer not having moved the competent civil court or the appropriate authority under the RR Act for lifting the attachment/prohibitory orders, which are issued invoking the provisions of the CPC or the RR Act, as the case may be, is bound by the effect of those attachment orders/p....