Excelsior Correspondent
JAMMU, Apr 21: A Bench of Central Administrative Tribunal (CAT) comprising Judicial Member Rakesh Sagar Jain and Administrative Member Anand Mathur has held that Tribunal has no jurisdiction to entertain the plea filed by Railway Protection Force.
The petition was 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 Principal Chief Security Commissioner, RPF Northern Railways 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.
After hearing both the sides, the CAT observed, “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”.
“The grievance highlighted by the applicants 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”, the bench said.
With these observations, CAT held that Tribunal does not have jurisdiction to entertain the plea as the applicants are a Member of the Armed Force of the Union.
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