The Delhi High Court on Monday said it cannot entertain the petition filed by a Civil Services qualifier who was assigned Haryana Cadre in India Police Services (IPS) and the remedy of the petition lies only with the Central Administrative Tribunal regarding his consideration for the vacancy of Director General Police (DGP).
The single-judge bench of Justice Jyoti Singh while pronouncing the judgment today stated that “…jurisdiction conferred on High Courts under Article 226 of the Constitution of India is an inviolable basic framework of our Constitution, however, with respect to service matters of the employees covered under the Act, High Courts cannot exercise jurisdiction in the first instance. As enunciated by the Supreme Court, all decisions of the Tribunal are subject to scrutiny by a Division Bench of the concerned High Court and it is at this stage that High Court exercises its power of Judicial Review.”
The petition has been filed by a Civil Service Qualifier who applied for the vacancy in the post of DGP, Haryana, the state sent a list of 11 eligible officers who had completed 30 years of service, to UPSC for consideration and empanelment. However, UPSC impaneled three IPS officers, but the Petitioner was not amongst the three. Whereas, the petitioner assails the empanelment made by UPSC and the subsequent appointment of another person as DGP in the state of Haryana.
The Court, however, dismissed the petition stating that the present petition is not maintainable. However, the Court further added that, be open to the Petitioner to approach the Central Administrative Tribunal for determination of his grievances on merits. The court further made it clear that the Court has not expressed any opinion on the merits of the case. The arguments were heard and judgment was reserved limited only to the jurisdiction of this Court to entertain the petition.
Read the Judgment here;
JIS13072020CW33342019-143906-India Legal Bureau