AI Structured Summary
Not yet generated for this judgment
Judgment
B.V. Nagarathna, J.
Petitioner has sought the following reliefs:
It is prayed that this Hon''ble court may be pleased to call for the records and allow this Writ Petition by issuing:
(a) Writ of Quo Warranto and direct the 3rd Respondent to vacate the office of Sub-Registrar, K.R. Puram, Bangalore forthwith.
(b) Writ of certiorari and quashing the impugned order at Annexure-C passed by the 1st respondent dated 20/1/2014 vide No. Kan E 18 Muu Noe Se (1) 2013.
(c) Any other writ order or direction that this Hon''ble court deems just in the circumstances of the case.
The aforesaid reliefs are sought with regard to respondent No. 3, who is working as a Senior Sub-Registrar, K.R. Puram, Bengaluru. As the third respondent is a Government servant, maintainability of the writ petition before this court was a question, which was taken up at the first instance.
Learned counsel for petitioner contended that if the petitioner is a Government servant or a civil servant, only then he is entitled to approach the Karnataka Administrative Tribunal for redressal of his grievances, but in the instant case, petitioner is not a civil servant and therefore, he has approached this court seeking a writ of quo warranto and writ of certiorari. He would contend that one of the essential conditions for seeking redressal before the Karnataka Administrative Tribunal is that, the applicant therein must be a Government servant or a civil servant or the application must be concerning redressal of the grievances of the applicant with regard to his non-recruitment and other such matters and in the instant case, petitioner not being a civil servant, is entitled to approach this Court in seeking the aforesaid reliefs.
Per contra, learned Addl. Government Advocate, who appears for respondent Nos. 1 and 2 on advance notice, contended that the writ petition is not maintainable and the petitioner would have to approach the Administrative Tribunal as the third respondent is a Government servant, it is in respect of the latter that petitioner seeks the aforesaid reliefs.
I have considered these contentions in light of Section 15 read with Section 19 of the Administrative Tribunals Act, 1985 (hereinafter referred to as "the Act") and sub-section (q) of Section 3 of the said Act. Section 15 reads as under:
"15. Jurisdiction, powers and authority of State Administrative Tribunals:-
(1) Save as otherwise expressly provided in this Act, Administrative Tribunal for a State shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all courts (except the Supreme Court in relation to-
(a) recruitment, and matters concerning recruitment, to any civil service of the State or to any civil post under the State;
(b) all service matters concerning a person not being a person referred to in clause (c) of this sub-section or a member, person or civilian referred to in clause (b) of sub-section (1) of Section 14 appointed to any civil service of the State or any civil post under the State and pertaining to the service of such person in connection with the affairs of the State or of any local or other authority under the control of the State Government or of any corporation or society owned or controlled by the State Government;
(c) all service matters pertaining to service in connection with the affairs of the State concerning a person appointed to any service or post referred to in clause (b), being a person whose services have been placed by any such local or other authority or corporation or society or other body as is controlled or owned by the State Government, at the disposal of the State Government for such appointment.
(2) The State Government may, by notification, apply with effect from such date as may be specified in the notification the provisions of sub-section(3) to local or other authorities and corporations or societies controlled or owned by the State Government:
Provided that if the State Government considers it expedient so to do for the purpose of facilitating transition to the scheme as envisaged by this Act, different dates may be so specified under this sub-section in respect of different classes of, or different categories under any class of, local or other authorities or corporations or societies.
(3) Save as otherwise expressly provided in this Act, the Administrative Tribunal for a State shall also exercise, on and from the date with effect from which the provisions of this sub-section apply to any local or other authority or corporation or society, all the jurisdiction, powers and authority exercisable immediately before that date by all courts (except the Supreme Court) in relation to-
(a) recruitment, and matters concerning recruitment, to any service or post in connection with the affairs of such local or other authority or corporation or society; and
(b) all service matters concerning a person other than a person referred to in clause (b) of sub-section (1) of this section or a member, person or civilian referred to in clause (b) of sub-section (1) of section 14 appointed to any service or post in connection with the affairs of such local or other authority or corporation or society and pertaining to the service of such person in connection with such affairs.
(4) For the removal of doubts, it is hereby declared that the jurisdiction, powers and authority of the Administrative Tribunal for a State shall not extend to, or be exercisable in relation to, any matter in relation to which the jurisdiction, powers and authority of the Central Administrative Tribunal extends or is exercisable."
Section 19 reads as under:
"19. Applications to Tribunals. - (1) Subject to the other provisions of this Act, a person aggrieved by any order pertaining to any matter within the jurisdiction of a Tribunal may make an application to the Tribunal for the redressal of his grievance.
Explanation: For the purpose of this sub-section, "order" means an order made-
(a) by the Government or a local or other authority within the territory of India or under the control of the Government of India or by any corporation or society owned or controlled by the Government; or
(b) by an officer, committee or other body or agency of the Government or a local or other authority or corporation or society referred to in clause (a).
(2) Every application under sub-section (1) shall be in such form and be accompanied by such documents or other evidence and by such fee (if any, not exceeding one hundred rupees) in respect of the filing of such application and by such other fees for the service or execution of processes, as may be prescribed by the Central Government.
(3) On receipt of an application under sub-section (1), the Tribunal shall, if satisfied after such inquiry as it may deem necessary, that the application is a fit case for adjudication or trial by it, admit such application; but where the Tribunal is not so satisfied, it may summarily reject the application after recording its reasons.
(4) Where an application has been admitted by a Tribunal under sub-section (3), every proceeding under the relevant service rules as to redressal of grievances in relation to the subject-matter of such application pending immediately before such admission shall abate and save as otherwise direct by the Tribunal, no appeal or representation in relation to such matter shall thereafter be entertained under such rules."
Sub-section (q) of Section 3 states that:
"3. Definition.- In this Act, unless the context otherwise requires,-
(q) "service matters, in relation to a person, means all matters relating to the conditions of his service in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India, or, as the case may be, of any corporation or society owned or controlled by the Government, as respects-
(i) remuneration (including allowances), pension and other retirement benefits;
(ii) tenure including confirmation, seniority, promotion, reversion, premature retirement and superannuation;
(iii) leave of any kind;
(iv) disciplinary matters; or
(v) any other matter whatsoever."
On a conjoint reading of these sections, it becomes clear that the State Administrative Tribunal has the jurisdiction, powers and authority in respect of matters concerning recruitment to any service of the State or civil post under the State. All service matters concerning a person appointed to any civil service of the State or any civil post under the State and pertaining to the service of such person in connection with the affairs of the State or of any local or other authority under the control of the State Government or of any Corporation or society owned or controlled by the State Government and all service matters pertaining to service in connection with the affairs of the State concerning a person appointed to any service or post referred to in clause (b) of sub-section (1) of Section 15 of the Act, being a person whose services have been placed by any such local or other authority or corporation or society or other body as is controlled or owned by the State Government, at the disposal of the State Government for such appointment. Service matter is defined in relation to a person, relating to the conditions of his service in connection with the affairs of the Union or of any State. Section 19 provides procedure for filing an application. Section 19 of the Act states that a person aggrieved by an order made (a) by the Government or a local or other authority under the control of the Government or by any corporation owned or controlled by the Government or (b) by an officer or agency of the Government or a local or other authority or corporation owned or controlled by the Government pertaining to any service matters within the jurisdiction of the Tribunal may make an application to the Tribunal for redressal of his grievance. Therefore, the person aggrieved need not be a Government or a Civil Servant. A person aggrieved is by an order, whose rights have been violated by any Government within the jurisdiction of the Administrative Tribunal, it must be in respect of the matters coming within Section 15 of the Act. Therefore, the jurisdiction of the Tribunal extends to all service matters "in relation to a person and all matters relating to the conditions of service of a person", inter alia in connection with the affairs of the Union or of any State or of any local or other authority within the territory. Therefore, it is not an essential prerequisite that a person who approaches the Administrative Tribunal as an applicant must be a Civil servant or a Government servant. In cases relating to service matters, in relation to a person, vis-�-vis his service in connection with the affairs of the Union or of any State may approach the Administrative Tribunal for redressal of his grievances with regard to the aforesaid subject. Therefore, the Tribunal in my view has jurisdiction to entertain the prayers made by the petitioners herein.
In view of there being an alternative efficacious statutory remedy under the Act, writ petition is dismissed as not maintainable, reserving liberty to the petitioner to avail of the alternative statutory remedy, if so advised.