VidhiSangh

Supreme Court of India · 06/09/2023

RAJNISH KUMAR RAI versus UNION OF INDIA & ORS

[2023] 13 S.C.R. 701 · 2023 INSC 862

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Summary

The Court declined to interfere with rejection of a request to transfer a service case from the Hyderabad to the Ahmedabad Bench of the Central Administrative Tribunal. The pending larger-Bench reference did not permit departure from the existing coordinate-Bench ruling on territorial judicial review. Independently, the case’s final-hearing stage justified refusing transfer despite the petitioner’s relocation after retirement.

Issues

  1. Whether a pending larger-Bench reference permitted disregard of the existing ruling on territorial jurisdiction to review a Tribunal transfer order.
  2. Whether the petitioner’s residence and alleged inconvenience justified transfer at the final-hearing stage.

Provisions considered

Held

Result

Delay condoned; special leave petition dismissed. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 13 S.C.R. 701.