Excelsior Correspondent
JAMMU, Sept 9: A bench of Central Administrative Tribunal (CAT) comprising Judicial Member Rakesh Sagar Jain and Administrative Member Anand Mathur has upheld Decentralization and Recruitment Act, 2010.
The significant judgment has been passed in a petition seeking declaring Sub-Section (2) of Section 10 of the Jammu and Kashmir, Civil Services Decentralization & Recruitment Act, 2010 along with Rule 19 of the Jammu and Kashmir Civil Services Decentralization & Recruitment Rules, 2010 as ultra-virus the Constitution of India, Constitution of J&K, discriminatory and contrary to the spirit of J&K Revenue (Subordinate) Service Recruitment Rules, 2009 and J&K Civil Services (Classification, Control and Appeal) Rules, 1956.
After hearing AAG Amit Gupta for the UT, the CAT observed, “when a State action is challenged, the function of the court is to examine the action in accordance with law and to determine whether the legislature or the executive has acted within the powers and functions assigned under the Constitution and if not, the court must strike down the action”.
“While doing so the court must remain within its self-imposed limits. While exercising power of judicial review of administrative action, the court is not an appellate authority. The Constitution does not permit the court to direct or advise the executive in matters of policy or to sermonize qua any matter which under the Constitution lies within the sphere of legislature or executive, provided these authorities do not transgress their constitutional limits or statutory powers”, the CAT said.
The Tribunal observed, “no strong case has been made out by the applicants for declaring Sub-section 2 of Section 10 of Jammu and Kashmir Civil Services Decentralization & Recruitment Act, 2010 and Rule 19 of Jammu and Kashmir Civil Services Decentralization & Recruitment Rules, 2010 as ultra-vires the Constitution of J&K or contrary to J&K Revenue (Subordinate) Service Recruitment Rules, 2009 and J&K Civil Services (Classification, Control and Appeal) Rules, 1956”.
“We do not find any valid ground to interfere in the impugned Act and Rules of 2010”, the CAT said.
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