Statutory appellate authority directed to decide pending administrative appeal within a stipulated timeframe.

The Applicant, a Chief Accounts Officer (CAO) at Bharat Sanchar Nigam Limited (BSNL), approached the Tribunal challenging a punishment of "administrative warning" imposed via an order dated 12.04.2024

The Applicant alleged that the order was unreasoned, lacked a memorandum of charges, and denied him an opportunity to be heard

Furthermore, the Applicant sought investigations into alleged financial misappropriation involving M/s. ZTE and requested disciplinary proceedings against respondent nos. 7 to 21

Prior to filing this Original Application (O.A.), the Applicant had preferred a Statutory Appeal against the punishment on 15.05.2024, which remained pending before the Appellate Authority at the time of the hearing

1. Whether the Tribunal should adjudicate the merits of the challenge against the administrative warning while a Statutory Appeal on the same matter is pending before the departmental Appellate Authority

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

The court applied the procedural principle of administrative law which dictates that when a statutory departmental remedy is available and has been invoked by the aggrieved party, the Tribunal may direct the competent authority to dispose of said remedy within a stipulated timeframe before the court intervenes on the merits of the dispute

The Tribunal noted that the Applicant’s primary grievance was the "administrative warning" dated 12.04.2024

During the hearing, it was established that the Applicant had already filed a Statutory Appeal on 15.05.2024, which was still awaiting disposal by the Respondents

Instead of delving into the allegations of financial misappropriation or the constitutional validity of the warning order, the Tribunal held that judicial economy and procedural propriety required the Appellate Authority to first exercise its statutory function

By directing a time-bound disposal of the pending appeal, the Tribunal ensured that the Applicant’s right to departmental redressal was finalized before any further judicial review

The Tribunal disposed of the O.A. at the admission stage without an order as to costs