Disposal of a writ petition questioning the impugned order of the Central Administrative Tribunal regarding jurisdiction under Section 14 of the Administrative Tribunals Act, without deciding on the merits.
The petition was disposed of; no decision on merits regarding jurisdiction or maintenance before C.A.T.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J.
WRIT PETITION NO.1395 OF 2006
Sunil Prabhakar Pitale.
Vs. The Union of India & Ors.
...Petitioner.
...Respondents.
.... Mr.M. R. Deshpande for the Petitioner. Mrs. N.V. Masurkar for the Respondents.
..... CORAM : SWATANTER KUMAR, C.J. & DR.D.Y.CHANDRACHUD, J.
September 12, 2007 .
P.C. :
In the order impugned by the Petitioner in the present
Petition, the Central Administrative Tribunal, inter alia, held as under :
“Under the circumstances, I do not feel that it is a case where the Tribunal should interfere in the matter or even issue notice to the respondents. In any case, as mentioned above, Prasar Bharati has not been notified under Section 14 of the Administrative Tribunals Act.”
is that once the Tribunal has found that it has no jurisdiction to
entertain and decide the present petition for want of notification under
Section 14 of the Act, it ought not to have recorded any finding on the
2
merits of the case.
the Tribunal, the Petitioner has also questioned the correctness of the order of transfer in the present Writ Petition. We do not propose to dismiss this petition in relation to that relief, keeping in view the fact that the Learned Counsel appearing for the Petitioner on instructions from the Petitioner who is present in Court, states that he will join at Aurangabad by 1st October 2007. The petition is disposed of. The Petitioner will abide by his statement.
CHIEF JUSTICE
Dr.D.Y. CHANDRACHUD, J.
Sunil Prabhakar Pitale
The Union of India
SWATANTER KUMAR
DR.D.Y.CHANDRACHUD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
