Court No.4.
Writ Petition No.1672 (S/B) of 2009
Ajai Verma ...Petitioner
Versus.
State of U.P. and others. ...Respondents.
Hon'ble Sunil Ambwani,J.
Hon’ble Vedpal,J.
Heard Shri Ajai Verma in person, Shri Sanjay Bhasin learned Addl. Chief
Standing Counsel appears for the State of U.P. Shri Gaus Beg appears for Union of
India.
The petitioner is serving in Provincial Police Service. He apprehended
that he will be deprived of promotion in the Indian Police Services, and filed an
Original Application No.453 of 2009 in the Central Administrative Tribunal,
Lucknow Bench, Lucknow. The application was dismissed at the admission stage,
observing that the Departmental Promotion Committee had met on 16.10.2009 but
had not taken any decision, with liberty to the petitioner to approach the Tribunal
again at the appropriate stage.
When this writ petition was filed on 16.11.2009, the Departmental
Promotion Committee had not taken any decision. On 25.11.2009, the Court passed
an order to the effect that any decision taken by the Departmental Promotion
Committee, shall be subject to further orders passed by this Court. It is stated that
Departmental Promotion Committee thereafter met and has taken a decision
which is reported in the newspapers on 7.12.2009. The petitioner has been
superseded. Now the petitioner insists that matter should be heard on merit by the
High Court..
Hon’ble Supreme Court in the case of (1997) 3 SCC 261 : L.Chandra
Kumar Vs. Union of India and others, has held that the Tribunal in the matters
cognizable by it, is the court of first instance. It is therefore not open for the
petitioner to directly approach the High Court. The petitioner has an alternative
remedy available to him to approach the Central Administrative Tribunal, raising
his grievances. The writ petition is accordingly dismissed with liberty to the
petitioner to approach the Central Administrative Tribunal , challenging the
decision of the Departmental Promotion Committee.
11.1.2010.
Tripathi.