The High Court of Delhi dismissed a writ petition challenging an order by the Central Administrative Tribunal which transferred the petitioners to make a representation to the Railway authorities. The Court held there was no infirmity in the Tribunal's order.
Writ petition dismissed; liberty to avail other remedies as available.
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.
$~23
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
G.S. SISTANI, J. (ORAL)
CMs.APPL 52995-52996/2019(Exemptions)
CM.APPL 52997/2019(Addl. documents) & CM.APPL 52998/2019
W.P.(C) 12994/2019
Page 1 of 4
W.P.(C).12994/2019
“After hearing both the sides at length, learned counsel for the respondents submits that this OA is not maintainable in the present form as applicants had directly approached the Tribunal after issuing the legal notice.
2. We are convinced with the objection of learned counsel for the respondents and we direct the applicants to make a fresh representation within a week’s time through proper channel. The Competent Authority may decide the applicants’ representation within three months’ thereafter.
However, a liberty is granted to applicants to reapproach this tribunal, in case their grievances still subsists.”
W.P.(C) 12994/2019
Page 2 of 4
“20. Applications not to be admitted unless other remedies exhausted.—
(a)…
(b) where no final order has been made by the Government or other authority or officer or other person competent to pass such order with regard to the appeal preferred or representation made by such person, if a period of six months from the date on which such appeal was preferred or representation was made has expired.”
W.P.(C) 12994/2019
Page 3 of 4
CM.APPL 52994/2019(stay)
G.S. SISTANI, J
ANUP JAIRAM BHAMBHANI, J
DECEMBER 10, 2019 pst
W.P.(C) 12994/2019
Page 4 of 4
2 issues framed by the court
Whether the Writ Petition challenging the Tribunal's order transferring parties to the appropriate channel was maintainable under Section 20(2)(b) of the Central Administrative Tribunal Act.
Whether the Tribunal's order was infirm given the liberty granted to re-approach the Tribunal after the representation was decided.
1 provisions across 1 enactments
Smt. Yashoda Devi & Ors.
Union of India & Ors.
G.S. Sistani
Anup Jairam Bhambhani
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
