Rajasthan High Court
CW/2296/2007 of L D BHATIA Vs U O I AND ORS on 22 December 2008
//1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.2296/2007 LD Bhatia Versus Univ. of Raj., Bharat Sanchar Nigam Ltd & (2) Ors. Date of Order ::: 22/12/08 Hon'ble Mr. Justice Ajay Rastogi Mr. PN Jatti, for petitioner Mr. Bal Krishan Sharma, for
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
CW 2296/07
In the High Court of Judicature for Rajasthan Jaipur Bench **
Civil Writ Petition No.2296/2007
LD Bhatia Versus Univ. of Raj., Bharat Sanchar Nigam Ltd & (2) Ors. Bharat Sanchar Nigam Ltd & (2) Ors.
Date of Order ::: 22/12/08
Hon'ble Mr. Justice Ajay Rastogi
Mr. PN Jatti, for petitioner
Mr. Bal Krishan Sharma, for respondents-BSNL
Instant petition has been filed assailingorder passed by Bharat Sanchar Nigam Ltd (BSNL).Notices were issued by this Court on 03/04/07.
Counsel for respondent BSNL has brought tothe notice of this Court that vide notificationdt.21/10/08, in exercise of powers conferred byS.14(2) of Central Administrative Tribunals Act, 1985 (“Act, 1985”) Central Government hasnotified 10[th] day of November, 2008 as the date onand from which provisions of S.14(3) of the Actshall apply to the organisations includingrespondent BSNL – as a consequence whereof, orderspassed by BSNL are appealable before CentralAdministrative Tribunal under Act, 1985.
Counsel for petitioner submits that sincepleadings are complete and notification (supra)has been issued on 21/10/08 much after filing ofinstant petition and issuance of notices, somatter, itself, be transferred to the CentralAdministrative Tribunal, which has not been CW 2296/07
objected by respondent's Counsel.
In view of notification (supra), writ
petition is not maintainable as the order impugnedis appealable under the Act, 1985 which is onlythe efficacious remedy under law.
Consequently writ petition is disposed ofwith the direction that matter be transferred tothe Central Administrative Tribunal, Jaipur Benchfor its adjudication in view of notification(supra). Parties are directed to appear before theTribunal on 09/02/09. Registry is directed totransfer the file to Tribunal (supra) alongwith acopy of this order. No costs.
(Ajay Rastogi), J.
K.Khatri/p2/2296CW07-2212BSNL.doc