yogesh (will tell you later) 23 November 2008
Tribhuwan Pandey (Advocate) 23 November 2008
For challanging the recruitment/advirtisement a writ under Article 226 lies before the High Court not before the CAT
Matters after joining the employment should approach the CAT if covered under CAT.
If you are not satisfied by the order of CAT then file a writ before High Court under Article 226 which will be heard by Division Bench.
ALOK MISRA (Advocate) 23 November 2008
Now Central Govt have directed to file
Murali Krishna (Govt..Employee) 24 November 2008
I am sorry to differ with Tribhuwan C Pandey.
1. Pl. refer to preamble to Administrative Tribunal's Act. It has jurisdiction to try all matters relating to service including recruitment into service, appointment etc.
2. The section referred to, that appeal lies to Supreme Court has been set aside by Supreme Court in the case of L.Chandra Kumar.
3. Consequent upon the judgement, an appeal lies against the judgement of CAT before High Court, in the form of a Writ petition which is to be heard by a Division Bench.
prof s c pratihar (medical practitioner &legal studies) 25 November 2008
correct. recrument matters so far govt service is concerned can be challenged in tribunal. i have seen tribunal state heard irregularities in recrument , names coming through employment exchange, similar matters more than 100 cases a day.against order of tribunal you can challenge before high court in writ jurisdiction.high court is the scrutiny authority ie- bit lesser than review.i have gone through the original order of supreme court regarding this. but in reallity high court act like an applate court
Sudhir Kumar, Advocate (Advocate) 20 January 2012
You questions are answered as under :-
Whether CAT like has the power to quash down the irregularities if found in an organization over the recruitment?
Ans : Yes
As per the Administrative tribunal act -1985, the appeal only lies to the Hon'ble Supreme Court of India,whether aggrieved party can move to the Hon'ble High court under Article 226/227 of constitution of India?
Ans : High Court
Whether doctrine of res judicata will operate?
Ans : What do you mean by res-judicata in undecided issue?