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| CAT has no jurisdiction to enter petition of RPF | | | EARLY TIMES REPORT
JAMMU, Apr 21: A Bench of Central Administrative Tribunal (CAT) comprising Judicial Member Rakesh Sagar Jain and Administrative Tribunal Anand Mathur in a petition filed by employees of Railway Protection Force (RPF), holds that Tribunal has no jurisdiction to enter the plea of Railway Protection Force.
In the petition filed by Abdul Majeed Bhat and Mustaq Ahmad Sofi seeking quashment of impugned order No. 940-E/2-RPF/Trf-CT/KV/2018-21 (C) dated 15.03.2021 passed by respondent No. 2 (Principal Chief Security Commissioner, RPF Northern Railways, Baroda House, New Delhi) whereby the applicants have been transferred from Kashmir Valley to Lucknow Division. Applicants were appointed as Constables in Railway Protection Special Force in 1995 and subsequently promoted as Head Constables.
CAT after hearing both the sides observed that as per the settled law, it is clear that mere membership of the Armed Forces of the Union is not enough to oust the jurisdiction of the Tribunal under Section 2 (a) of the Act and what is necessary to oust the jurisdiction is whether the dispute relates to service of the Armed Forces of the Union. As already stated above, the grievance highlighted by the applicants in this OA is regarding their transfer from Kashmir Valley to Lucknow Division, which is a service matter, as such, we are of the view that the provisions of Section 2 (a) of the Act is clearly attracted and the jurisdiction of this Tribunal is ousted to decide the matter relating to the transfer of the applicants.
With these observations, CAT holds that this Tribunal does not have jurisdiction to entertain this O.A. as the applicants are a Member of the Armed Force of the Union and dismiss the petition. (JNF) |
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