Rahul Dutta v. The Director Personnel, Steel Authority Of India And ORS.

15.05.2023 IN THE HIGH COURT AT CALCUTTA DL-27 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE WPA 8002 of 2023 Rahul Dutta Vs.

The Director Personnel Steel Authority of India & Ors.

Mr. Amit Ranjan Roy ....for the petitioner.

Mr. Arjun Ray Mukherjee ....for the respondents/SAIL.

Mr. Ray Mukherjee, learned counsel appearing on behalf of the respondents urges the point of maintainability. He submits that the employees of the Steel Authority of India (SAIL) should approach the Central Administrative Tribunal (CAT) for redressal of their grievances.

Considering the submissions of the parties and the materials placed on record, this Court is of the view that appropriate tribunal under the Administrative Tribunals Act, 1985 is the court of first instance. The view of this Court finds support in a decision of the Apex Court reported in (1997) 3 SCC 261 (L. Chandra Kumar vs. Union of India & Ors.). In such view of the matter, WPA 8002 of 2023 is dismissed.

Parties will be at liberty to take appropriate steps before the tribunal concerned, if so advised. Since no affidavits have been directed to be exchanged in the writ petition, the allegations contained therein are deemed not to have been admitted by the respondents.

All parties shall act on the server copies of this order duly downloaded from the official website of this Hon'ble Court.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities.

(Lapita Banerji, J.)