IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 18122 of 2007 Between: M K Verma S/o.Sri M N Verma AP Telecom Circle, Bharat Sanchar Nigam Limited, Hyderabad. ..... PETITIONER AND 1 Union of India rep. by Sr DDG (Vig) Department of Telecommunication, Ministry of Communication and Information Technology, Sanchar Bhavan, Ashoka Road, New Delhi 110 001. 2 Director (Planning and NS) Bharat Sanchar Nigam Limited, Corporate Office, tatesman House, Barakhamba Road, New Delhi 110001. 3 Chief General Manager, AP Telecom Circle, Bharat Sanchar Nigam Limited, Door Sanchar Bhawan, Nampally, Hyderabad - 500 001. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue any writ, order or the direction particularly one in the nature of Mandamus declaring all the proceedings leading up to and including the proceeding No. 1-138/2006-Vig.III dated: 16- 05-2007 conﬁrming the proceedings No: 8/70/2004-Vig II dated 30-9-2005 of the 1st respondent herein as arbitrary, illegal and consequently by nullifying the same direct extension of the reduced time scale of pay and retaining the position in the seniority list of the regular Superintending Engineer with all the consequential and attendant beneﬁt and pass such order or orders. Counsel for the Petitioner: DR.P.B.VIJAY KUMAR Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : ORDER: The petitioner was initially appointed as Assistant Executive Engineer, in the year 1983, in the department of Telecommunications of Government of India. Subsequently, he was promoted as Executive Engineer, in the year 1990, and as Superintending Engineer, in the year 2000. The Bharat Sanchar Nigam Limited (BSNL) was formed in the year 2000. The petitioner was absorbed in BSNL, in February 2007, but with eﬀect from the date of formation of BSNL. Disciplinary proceedings were initiated, against the petitioner, by serving a charge sheet, dated 18.05.2004, in relation to the alleged acts and omissions on his part, referable to the years 1997 to 1999, when he was serving the erstwhile Telecom Department of Government of India. The same resulted in a ﬁnal order, dated 31.08.2005, and the review ﬁled against it was rejected by the President of India, through order, dated 10.05.2007. The said proceedings are challenged in this Writ Petition. Heard Sri P.B.Vijaya Kumar, learned counsel for the petitioner, and Sri S.S.Varma, learned Standing Counsel for Central Government. It is, no doubt, true that, as of now, the petitioner is an employee of BSNL and he can maintain a writ petition, in that capacity. However, the subject matter of the writ petition is the order of punishment passed against the petitioner, with reference to the acts and omissions, when he was an employee of the Central Government. Section 14 of the Administrative Tribunals Act, 1985, excludes the jurisdiction of the Court, in all service matters, pertaining to “service in connection with the aﬀairs of the Union”. Undisputedly, the disciplinary proceedings are pertaining to “service in connection with the aﬀairs of the Union”. Therefore, the petitioner has to work out his remedies in the Hyderabad Bench of Central Administrative Tribunal. Hence, the Writ Petition is dismissed, leaving it open to the petitioner to pursue his remedies in the said Tribunal. It is needless to observe that since the petitioner has approached this Court, in the right earnest, the O.A., if any, ﬁled by the petitioner, within a period of three weeks from today, shall be entertained, without raising any objection, as to limitation. There shall be no order as to costs. ____________________ Dt.27.08.2008 L.NARASIMHA REDDY, J Note: Furnish C.C. by 01.09.2008. (B/o) GJ