IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 11362 of 2008 Between: G. Premakumar, S/o.G.Venkataiah R/o.National Geophysical Research Institute, Uppal Road, Hyderabad. ..... PETITIONER AND 1 The NGRI (Counsel of Scientific and Industrial Research), Rep. by its Director, Uppal Road, Hyderabad. 2 The Controller of Administration, NGRI, Uppal Road, Hyderabad. 3 Sri Ch.Srinivasa Rao, Administrative Officer NGRI, Uppal Road, Hyderabad. .....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 a writ, order direction more particularly one in the nature of Writ of Certiorari calling for the records relating to the impugned proceedings No.NGRI-VIG-GP1-2008, dt.08.05.2008 issued for recovery of amount incurred for Medical Treatment and administering warning against petitioner and quash the same as the same are illegal, arbitrary, violative of art.14 of the constitution of India and also violative of principles of nature justice and pass such other order or orders in the interest of justice. Counsel for the Petitioner: MR.EATHAKOTA VENKATA RAO Counsel for the Respondent No.: MR.CHINNA BASAPPA DESAI The Court made the following : THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN Writ Petition No. 11362 of 2008 Order: This writ petition is filed seeking to quash the proceedings dated 08.05.2008 issued by the first respondent for recovery of amounts incurred to the petitioner for medical treatment. The NGRI (National Geophysical Research Institute) is one of the units of the Council of Scientific and Industrial Research. Sri Chenna Basappa Desai, learned counsel appearing for the first respondent, would submit that consequent upon a notification having been issued by the Central Government all service disputes relating to the Council of Scientific and Industrial Research are amenable to the jurisdiction of the Administrative Tribunal constituted under the Administrative Tribunals Act, 1985. A list of institutions for which a notification was issued by the Central Government is placed before this Court, wherein the Council of Scientific and Industrial Research (CSIR) is shown at Serial No.6 and the date of notification is shown to be 17.11.1986. The Supreme Court, in L. Chandra Kumar v. Union of India[1], held that the Tribunal constituted under the Administrative Tribunals Act is a Court of first instance and that no person could invoke the jurisdiction of this Court under Article 226 of the Constitution of India without, in the first instance, approaching the Administrative Tribunal. Since the petitioner has, instead of approaching the Central Administrative Tribunal, chosen to invoke this Court’s jurisdiction directly, the writ petition as filed is liable to be dismissed, leaving it open to the petitioner to approach the Central Administrative Tribunal. The writ petition is not maintainable and is, accordingly, dismissed. No costs. __________________________ RAMESH RANGANATHAN, J. Date: 25.11.2008 Nsr [1] AIR 1997 SC 1125