Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Judicial Propriety |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Issue for consideration:High Court of Gujarat at Ahmedabad whether justified in dismissingthe writ petition filed by the petitioner, relying on Union of Indiav. Alapan Bandyopadhyay [2022] 16 SCR 259 and holdingthat it lacked territorial jurisdiction to entertain the said petitionwhich challenged the order of the Principal Bench of the CentralAdministrative Tribunal, Delhi rejecting the petitioner’s applicationfor transfer of the proceeding from CAT, Hyderabad Bench to theAhmedabad Bench.Judicial Propriety – Ratio laid down by coordinate Bench inthe earlier judgment cannot be ignored merely because it hasbeen referred to a larger Bench – Plea of the petitioner that lawlaid down in Alapan Bandyopadhyay case which was reliedon by High Court has been referred to a larger Bench in thecase of Union of India vs. Sanjiv Chaturvedi [2023] 2 SCR 59Held: Judicial propriety does not permit ignoring the ratio laid downby the coordinate Bench in the case of Alapan Bandyopadhyay asno decision has come as yet from the larger Bench on the point ofterritorial jurisdiction of the High Court in a similar context – If thisCourt were to take a different view, the only course open wouldhave been to refer the petition to the Hon’ble the Chief Justicefor being adjudicated by a larger Bench, as has been done in thecase of Sanjiv Chaturvedi – No argument has been raised thatthe decision in the case of Alapan Bandyopadhyay is per incurium– Further, even on merits the jurisdiction u/Article 136 cannot beinvoked in the present matter – It is not the case of the petitionerthat the Tribunal, which is hearing the matter at present is withoutjurisdiction – He himself had instituted the application in the Tribunalat Hyderabad – His submission is that the Bench of the Tribunalat Ahmedabad also has jurisdiction to hear the case, as at presenthe is residing in Ahmedabad after retirement and if his transferplea is not accepted, it would cause inconvenience and unduehardship – The matter has reached final stage of hearing in theTribunal at Hyderabad and that is the main reason for which thePrincipal Bench of the Tribunal rejected the petitioner’s transferapplication – No flaw in such reasoning – Constitution of India –Articles 136, 142. [Paras 4, 6 ] |
Judge | Hon'ble Mr. Justice Aniruddha Bose |
Neutral Citation | 2023 INSC 862 |
Petitioner | Rajnish Kumar Rai |
Respondent | Union Of India & Ors |
SCR | [2023] 13 S.C.R. 701 |
Judgement Date | 2023-09-06 |
Case Number | 20054 |
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