ROMESH KUMAR Vs. UNION OF INDIA
HIGH COURT OF JAMMU AND KASHMIR
UNION OF INDIA
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(1.)Notice dated 19.11.2019 issued by the Assistant Director, Ministry of Home Affairs, Government of India, by the order of the President, whereby
his Excellency has been pleased to retire the petitioner from service on the
forenoon of the day following the date of expiry of three months computed
from the date of service of impugned notice.
(2.)The petitioner, as is claimed by him, came to be recruited as Personal Assistant in the Intelligence Bureau, Ministry of Home Affairs, Government
of India on 25.01.1990. With the passage of time, he earned his promotion as
Private Secretary in 1998 and then Assistant Director/Staff Officer on
09.06.2015. The petitioner claims that his services throughout his career have remained exemplary and, therefore, there was no occasion for the
President of India to exercise the powers conferred by Clause (j)(i) of Rule
56 of the Fundamental Rules and forcibly retire the petitioner prematurely. The petitioner is, thus, aggrieved of the impugned notice and has challenged
the same on several grounds indicated in Paragraph 17 of the writ petition.
(3.)Mr. Vishal Sharma, learned ASGI, appearing for the respondents, at the outset, takes a preliminary objection with regard to the maintainability of
this petition. It is claimed that the dispute raised in this petition is a service
matter concerning a person holding a civil post under the Union of India
and, therefore, the Central Administrative Tribunal alone has jurisdiction to
entertain this petition as a Court of first instance. Reliance in this regard is
placed on a Constitution Bench Judgment of Hon'ble Supreme Court
rendered in the case of L. Chandra Kumar vs Union of India and others ,
1997 (3) SCC 261.
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