1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.1090/2002. : : Goverdhan Singh Vs. Registrar, Debt Recovery Tribunal. : : Date of Order 6.3.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Kapil Mathur for the petitioner. Mr. Sushil Sharma for the respondent. Heard learned counsel for the parties. This writ petition has been filed challenging the order passed by Registrar, Debt Recovery Tribunal, Jaipur on 17.7.2001 by which services of the petitioner have been terminated. Shri Kapil Mathur, learned counsel for the petitioner citing judgment of this Court in Amrik Singh Garcha Vs. Ajmer Central Cooperative Bank : WLC (4) 2007, 575 argued that alternative remedy cannot be a bar for entertaining writ petition and that power of judicial review vested in this Court under Article 226 of Constitution of India is not taken away by mere constitution of Central 2 Administrative Tribunal under Administrative Tribunal Act. I am afraid such a argument cannot be countenanced in view of judgment of Supreme Court in L.Chandra Vs. Union of India & Ors. : AIR 1997 SCC, 1125. In para 93 of which their Lordships held that while the judgments of Central Administrative Tribunal could be challenged before Division Bench of this Court under Article 226/227 of Constitution of India, but this Court cannot be directly approached in relation to service disputes of employees governed by Administrative Tribunal Act and in all such matters the Tribunal will continue to act as the only Courts of first instance. It was held that it was not open for litigant to directly approach the High Courts even in cases where they question the vires of statutory legislation except the one which creates the Tribunal. In view of above authoritative pronouncement of Supreme Court, this writ petition is held to be not maintainable. The petitioner is however set at liberty to approach the Tribunal by now filing original application under Section 19 of Constitution of India and he would be entitled to benefits of Section 14 of Indian Limitation Act read with 3 Section 21 of Administrative Tribunals Act, 1985 by citing reasons by which he was prevented from the application to the Tribunal within the period of limitation. This writ petition is dismissed with aforesaid liberty. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.28.