Bidhan Sardar And ANR v. Union Of India And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** MAT/21/2023 IA No.CAN/1/2023, CAN/2/2023, CAN/3/2023 Shri Bidhan Sardar and another Vs.

Union of India and others Mr. Arul Prasanth ... for the appellants Mr. V.D.Sivabalan Mr. Arun S Kumar ... for the Administration Mr. P.Munda ...for the respondent no.7 August 23, 2023 [SR] Item No.12 The order dated 16th December, 2022 passed by a learned Single Judge of this Court in WPA/317/2021 is under challenge at the instance of private parties, who were not impleaded as parties in the writ petition. Leave to appeal has been preferred on the principal ground that the writ court did not have the jurisdiction either to entertain or adjudicate the dispute in the writ petition. It has been submitted that the matter relates to service in the Military Engineering Services (MES). The Tribunal is the competent forum to adjudicate the issues relating to service matters of the MES.

Learned advocate representing the department submits, upon instruction, that the order passed by the Court has been acted upon.

Any order passed by any forum which does not have jurisdiction is a nullity. The learned trial judge erroneously entertained the writ petition and passed order therein. It appears that in the meantime the order passed by the Court has been duly complied with. As the order itself is nullity in the eye of law, accordingly the same is liable to be set aside and is accordingly set aside.

The appellants herein will be at liberty to challenge any subsequent order passed by the department, including the order dated 9th March, 2023, before the competent forum in accordance with law, if so advised.

The appeal and all connected applications stand disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J. ) ( Ananya Bandyopadhyay, J.)