Central Administrative Tribunal
Principal Bench

OA No.49/2012

New Delhi, this the 08th day of May, 2012

Honble Mr. Justice S. C. Sharma, Acting Chairman
Honble Dr. Ramesh Chandra Panda, Member (A)

Mr. R. Vasudevan
S/o Sh. V. Ramaswami Iyengar
R/o 12-D, Hudco Place Extension,
New Delhi 110 049.						. Applicant.

(By Advocate : Shri M. M. Sudan)

Versus
1.	Union of India
	Through Secretary
	Ministry of Corporate Affairs,
	5th Floor, A-Wing, Shastri Bhawan,
	Dr. R. P. Road,
	New Delhi 110 001.

2.	Commissioner for Departmental Inquiries
	Satarkta Bhavan, GPO Complex,
	Block-A, INA, 
	New Delhi. 					. Respondents.

(By Advocate : Shri Rajeev Kumar)

: O R D E R (ORAL) :

Justice S. C. Sharma, Acting Chairman :

We have heard Shri M. M. Sudan, Advocate for applicant and Shri Rajeev Kumar, Advocate for the respondents and perused the entire facts of the case.

2. It has been stated by the respondents advocate that the instant OA pertains to the Member, Company Law Board and this Tribunal has got no jurisdiction to adjudicate the matter relating to Members of the Company Law Board. He produced a judgment of the Coordinate Bench of this Tribunal in OA No.3486/2011 decided on 30.01.2012. It will be just and appropriate to reproduce the operation portion of the order, which reads as under:-

13. Thus, we are of the view that this Tribunal has no jurisdiction to entertain the matter so long as a notification is not issued by the Central Government in exercise of the powers conferred by Section 14 (2) of the A.T. Act, 1985 in respect of CLB, thereby making provisions of Section 14 (3) of the Act applicable from a specified date. Judicial notice can be taken of the fact that the Central Government has issued different notifications, invoking the provisions of sub sections (2) and (3) of Section 14 of the Act for inclusion of Corporations/Societies/ other Societies owned or controlled by the Government within the purview of this Tribunal, including Income Tax Appellate Tribunal, which is also a statutory body under the Ministry of Law and Justice, Central Pollution Control Board, constituted under the Water (Prevention and Control of Pollution) Act, 1974, Central Social Welfare Board, an authority controlled by the Government, Coconut Development Board, a statutory authority under the Ministry of Agriculture etc. But no such notification has been issued qua Company Law Administration constituted under the Companies Act. Accordingly, we are of the view that the present OA is not maintainable and we have got no jurisdiction, power and authority to decide the matter in terms of the provisions contained in Section 14 of the Administrative Tribunals Act, 1985. Applicant may take recourse to the appropriate forum to agitate his grievances. Registry is directed to return the paper-book to the applicant.

3. From perusal of the operative portion of the order, it is evident that the Tribunal has no jurisdiction to adjudicate the matter regarding the service of the Members of the Company Law Board. It has also been provided in the order that the Central Government has issued different notifications, invoking the provisions of sub sections (2) and (3) of Section 14 of the Act for inclusion of Corporations/Societies/Other Societies owned or controlled by the Government within the purview of this Tribunal, including several bodies but not the Company Law Board and there appears no justification for us to differ from the judgment of the Coordinate Bench of this Tribunal and hence in view of the above judgment, this OA deserves to be dismissed as not maintainable before the Tribunal.

4. The OA filed under Section 19 of the Administrative Tribunals Act, 1985 is dismissed as the Tribunal has no jurisdiction regarding the services of the Members of Company Law Board. The applicant is, however, provided the option to avail alternate remedies available to him as per law.

(Dr. Ramesh Chandra Panda)			   (S. C. Sharma)
		Member (A)		      		 Acting Chairman


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