2023 (9) TMI 1421

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....counsel for the parties. 3. The proceeding of which transfer is asked for, was instituted by the petitioner himself before the Central Administrative Tribunal, Hyderabad and it has reached final stage of hearing. The petitioner's application for transfer of the proceeding to the Ahmedabad Bench of the same Tribunal was rejected by the Principal Bench of the Central Administrative Tribunal, Delhi by an order passed on 04.02.2022. The petitioner questioned the legality of the said order before the High Court of Gujarat at Ahmedabad invoking its jurisdiction under Article 226 of the Constitution of India. But his plea was not accepted by the High Court relying on a judgment of this Court in the case of Union of India -vs- Alapan Bandyopadhy....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ansferring an original application pending before a Bench of the Tribunal to another Bench under Section 25 of the Act can be judicially reviewed only by a Division Bench of the High Court within whose territorial jurisdiction the Bench passing the same, falls. In fact, the decision in Bhavesh Motiani case [Bhavesh Motiani v. Union of India, 2019 SCC OnLine Del 11541], relied on by the respondent is also in line with the said position as in that case also, as against the order of transfer passed under Section 25 of the Act by the Principal Bench of the Central Administrative Tribunal at New Delhi writ petition was filed by the aggrieved party only before the High Court of Delhi. This is evident from the very opening sentence of the said jud....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rdinate Bench in the case of Alapan Bandyopadhyay (supra) as no decision has come as yet from the larger Bench on the point of territorial jurisdiction of the High Court in a similar context. If we were to take a different view, the only course open for us would have been to refer the petition to the Hon'ble the Chief Justice for being adjudicated by a larger Bench, as has been done in the case of Sanjiv Chaturvedi (supra). No argument has been raised before us that the decision in the case of Alapan Bandyopadhyay (supra) is per incurium. 5. We have examined point involved in this petition independent of the ratio laid down in the case of Alapan Bandyopadhyay (supra) and tested the petitioner's plea for transfer on merit. We have done so....