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Supreme Court of India · 03/03/2023

UNION OF INDIA versus SANJIV CHATURVEDI

[2023] 2 S.C.R. 59 · 2023 INSC 210

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Summary

An officer challenged before the Nainital Circuit Bench of the Central Administrative Tribunal the appraisal system and contractual appointments at Joint Secretary level; the Chairman transferred his application to the Principal Bench at New Delhi under Section 25 of the Administrative Tribunals Act, 1985, and the Uttarakhand High Court set that transfer aside. In the Union's appeal, the Solicitor General argued on L. Chandra Kumar and Alapan Bandyopadhyay that only the Delhi High Court, where the Principal Bench sits, could entertain such a challenge, while the officer urged that Article 226(2) confers jurisdiction wherever part of the cause of action arises and that Alapan Bandyopadhyay needs reconsideration. Finding the issue of public importance affecting many employees, the Supreme Court referred it to a larger Bench.

Issues

  1. Whether a challenge to an order of the Chairman of the Central Administrative Tribunal under Section 25 of the Administrative Tribunals Act, 1985 transferring an application to the Principal Bench can be entertained only by the High Court within whose jurisdiction the Principal Bench sits, or by any High Court within whose territory part of the cause of action arises under Article 226(2).

Provisions considered

Held

Result

Matter referred to a larger Bench; Registry directed to place the matter before the Chief Justice of India for appropriate orders at the earliest.

Judgment PDF: Supreme Court of India, [2023] 2 S.C.R. 59.