Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Administrative Tribunals Act 1985 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Administrative Tribunals Act, 1985: ss. 19, 25 – Power of chairman to transfer cases from one bench to another – High Court setting aside the order of transfer passed by the tribunal falling within the jurisdiction of another High Court - Maintainability/ sustainability of the order – Power of judicial review over order of transfer under Art. 226/227 of the Constitution – Respondent then Chief Secretary of the State of West Bengal, filed application u/s. 19 before the tribunal, Kolkata Bench challenging the disciplinary proceedings initiated against him alleging failure to attend review meeting – Pending consideration, the appellant-UOI filed petition u/s. 25 seeking transfer of case from Kolkata to Delhi before the Principal Bench, Delhi – Transfer petition allowed – Challenge to, by the respondent before the High Court of Calcutta – High Court set aside the order passed by Principal Bench, Delhi while passing adverse remarks against the Chairman of the tribunal – On appeal, held: Power of judicial review of an order transferring an original application pending before a Bench of the Tribunal to another Bench u/s. 25 can be judicially reviewed only by a Division Bench of the High Court within whose territorial jurisdiction the Bench passing the same, falls – Division Bench of the High Court does not have jurisdiction to set aside order passed by the Tribunal falling within the jurisdiction of another High Court – Any decision of a tribunal (including u/s. 25 of the Act) can only be scrutinized by a High Court having territorial jurisdiction over the tribunal – Furthermore, no exceptional ground(s) exists to make scathing and disparaging remarks and observations against the Principal Bench of the Tribunal, thus, liable to be expunged – Impugned judgment and final order passed by the High Court at Calcutta is to be held as one passed without jurisdiction and is ab initio void, and is set aside – Central Administrative Tribunal (Procedure) Rules, 1987 - rr. 6 , r. 4(5)(a) & (b) – Constitution of India, Arts. 226 & 227. |
Judge | Hon'ble Mr. Justice C.T. Ravikumar |
Neutral Citation | 2022 INSC 18 |
Petitioner | Union Of India |
Respondent | Alapan Bandyopadhyay |
SCR | [2022] 16 S.C.R. 259 |
Judgement Date | 2022-01-06 |
Case Number | 197 |
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