CAT - Kolkata

Higher authority must adjudicate representation when the applicant holds the post designated for internal review.

Basant Kumar Jena vs DEPARTMENT OF EDUCATION

CAT - KolkataJUDGMENT: March 20, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant, serving as the Head of Department (Mechanical Engineering) at Dr. B.R. Ambedkar Institute of Technology (DBRAIT), sought placement in the Lecturer Selection Grade effective from 21.07.2009 and advance increments for acquiring an M.Tech degree as per AICTE norms

Source reference: p. 1-2

The applicant’s representations were processed via an administrative Note dated 28.01.2026, which referred the matter to the "Dean, Internal Quality Assessment Cell (IQAC)" for examination

Source reference: p. 3

However, the applicant himself held the dual charge of HoD and Dean, IQAC, making the referral for self-examination procedurally circular and futile

Source reference: p. 3

The applicant approached the Tribunal seeking a quashing of this administrative action and a direction for correct pay re-fixation

Source reference: p. 2
02

Issues

1. Whether the administrative action of referring the applicant's grievance to a committee headed by the applicant himself is procedurally valid and consistent with the principles of natural justice

Source reference: p. 3, para 2 5

2. Whether the applicant is entitled to the Lecturer Selection Grade and advance increments as per the AICTE Notification 1998-99 and subsequent pay revisions

Source reference: p. 2, para 1
03

Law Applied

The Tribunal exercised its jurisdiction under Section 19 of the Administrative Tribunals Act, 1985

Source reference: p. 2

It applied the fundamental principles of natural justice, specifically the rule that an individual cannot be a judge in their own cause, and the administrative principle that grievances must be redressed by a higher competent authority to ensure impartiality and efficacy

Source reference: p. 3
04

Reasoning

The Tribunal noted the procedural absurdity where the respondent administration directed the applicant’s own representation to be examined by the Dean, IQAC—a post held by the applicant himself

Source reference: p. 3

The court observed that such an exercise was "futile"

Source reference: p. 3

During the proceedings, the respondents conceded that the matter should instead be referred to a higher competent authority

Source reference: p. 3

Consequently, the Tribunal determined that rather than adjudicating the merits of the pay scale claims (such as the AICTE 1998-99 Notification or the 7th CPC re-fixation) at this stage, the appropriate remedy was to mandate an independent review by a superior officer

Source reference: p. 3-4

The Tribunal emphasized that the administrative process must culminate in a "reasoned and speaking order" to ensure transparency

Source reference: p. 4
05

Holding

The Tribunal disposed of the O.A. at the admission stage without entering into the merits of the claims

It directed the respondents to refer the applicant’s case to a higher competent authority (Respondent No. 4 or above)

Source reference: p. 3

The authority is ordered to treat the O.A. as a supplementary representation and pass a final, reasoned, and speaking order regarding the Selection Grade and M.Tech increments within two months, followed by any necessary consequential actions

Source reference: p. 3-4

All legal points regarding the merits of the pay claims remain open for future consideration

Source reference: p. 4
CAT - Kolkata

Original Court PDF

Basant Kumar JenavsDEPARTMENT OF EDUCATION

CAT - Kolkata · March 20, 2026

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