All HC: Municipal Corp. to Ensure Availability of Clean Drinking Water to Residents of Lucknow  ||  Bom. HC: Bail Granted to Accused Who Wasn’t Produced Before Court on Seventy Previous Dates  ||  Delhi HC Seeks Explan. from Legal Services Committee on Failure to Assist Litigant Despite Requests  ||  Hemant Soren, Former CM of Jharkhand Moves SC After HC Dismissed Challenge to His Arrest by ED  ||  CESTAT: No Provision in Cenvat Credit Rules to Allow Cash Refund of Cess in Cenvat Credit Balance  ||  Delhi High Court: Parents to Bear Cost of Air Conditioning Services in Schools  ||  Ker. HC: Declining a Rape Victim to Terminate Pregnancy Violates Right to Live With Dignity  ||  SC: Can’t Apply Section 498A IPC Mechanically in All Cases of Ill-Treatment by Husband  ||  SC: To Summon Person u/s 319 CrPC as Additional Accused, Stronger Evidence is Needed  ||  SC: Trial Judges Should Take Participatory Role in Trial & Not Act as Mere Tape Recorders    

The National Institute Of Technology And Anr. Vs. Union Of India And Anr. - (High Court of Delhi) (16 Aug 2022)

Merely because the Petitioner had not raised an objection or participated in proceedings would not validate any orders passed without jurisdiction by the Tribunal

MANU/DE/2966/2022

Service

Petitioner - The National Institute of Technology, Tripura, impugns judgment passed by the Central Administrative Tribunal. Learned counsel for the Petitioners submits that The National Institute of Technology, Agartala, is not a notified organization covered under the Administrative Tribunals Act, 1985 and, as such the Tribunal did not have jurisdiction to entertain the Original Application.

It is an admitted position that, Petitioner organization is not a notified organization under the Administrative Tribunals Act, 1985 and the Tribunal does not have jurisdiction to entertain petitions qua the said organization. Merely because the Petitioner had not raised an objection at an appropriate stage or had participated in proceedings before this Court without raising an objection would neither confer jurisdiction on the Tribunal to pass orders qua the said organization nor sanctify or validate any orders passed without jurisdiction by the Tribunal.

The mere fact that Petitioners have implemented part of the order passed by the Tribunal, would also not legalize any order passed without jurisdiction. The implementation of the order would amount to a voluntary acceptance by the Petitioner of a direction which is not binding. The impugned orders passed by the Tribunal are orders passed without jurisdiction and are accordingly set aside. Petition allowed.

Tags : JURISDICTION   OBJECTION   PROCEEDINGS  

Share :        

Disclaimer | Copyright 2024 - All Rights Reserved