Union of India vs Sanjiv Chaturvedi

Court

Supreme Court of India

Date

3 March 2023

Case No.

Civil Appeal No.1587 of 2023

Bench

M.R. Shah, B.V. Nagarathna

Citation

[2023] 2 S.C.R. 59 : 2023 INSC 210

Headnote

Administrative Tribunals Act, 1985 – Transfer of OA – Respondent no.1-original writ petitioner filed Original Application (OA) before Nainital Circuit Bench, CAT – Union of India filed application for transfer of OA from Nainital Circuit Bench to the Principal Bench, New Delhi – By an order dated 04.12.2020 Chairman of the Tribunal, Principal Bench, New Delhi transferred it to the Principal Bench, New Delhi – It was challenged before High Court of Uttarakhand and High Court had set aside the aforesaid order – On appeal, held : The matter involving the issue of territorial jurisdiction of the High Court to decide a challenge to an order passed by the Chairman, CAT, Principal Bench, New Delhi requires reconsideration by a larger Bench.

Referring the matter to larger Bench, the Court HELD : 1. Regard being had to the important issues raised by the respondent no.1 and Union of India and having gone through the judgment(s) and order(s) passed by this Court in L. Chandra Kumar and Alapan Bandyopadhyay. The issue involved is with respect to the territorial jurisdiction of the High Courts and the effect of introduction of Article 226(2) of the Constitution of India and the statement of the Law Minister while introducing Article 226(2) of the Constitution referred and that the issue involved affects a large number of employees and is of public importance, it would be appropriate that the matter involving the issue of territorial jurisdiction of the concerned High Court to decide a challenge to an order passed by the Chairman, CAT, Principal Bench, New Delhi should be considered by a Larger Bench. [Para 6][71-C-E]

L. Chandra Kumar v. Union of India (1997) 3 SCC

261 : [1997] 2 SCR 1186; Kusum Ingots and Alloys Ltd. v. Union of India and Anr. (2004) 6 SCC 254 : [2004] 1 Suppl. SCR 841; Alchemist Ltd. and Anr. v. State Bank of Sikkim and Ors. (2007) 11 SCC 335 : [2007] 4 SCR 46; Union of India Vs. Alapan Bandyopadhyay (2022) 3 SCC 133 – referred to.

The Judgment of the Court was delivered by M. R. SHAH, J. 1. Leave granted 2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 23.10.2021 passed by the High Court of Uttarakhand at Nainital in WPSB No. 407/2020, by which, the High Court has allowed the said writ petition and has set aside order dated 04.12.2020 passed by the Chairman, Central Administrative Tribunal (CAT), Principal Bench, New Delhi by which the learned Principal Bench of the Tribunal transferred Original Application (OA) No. 331/109/2020 filed by the original writ petitioner, from the Allahabad

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