Nazir Ahmad Sheikh v. State of J&K and Others(Finance)
Case brief
What is this about?
The High Court held that the petition relates to matters under Section 14 of the CAT Act. Consequently, it transferred jurisdiction to the Central Administrative Tribunal in Jammu.
What did the court decide?
The writ petition was transferred to the Central Administrative Tribunal at Jammu for further proceedings.
What the court decided
Serial No. 262 AFTER NOTICE CAUSELIST
HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
SWP No. 1141/2017
Nazir Ahmad Sheikh.
…Petitioner(s) Through: None. vs State of JK & Ors. …Respondent(s) Through: None.
CORAM :
Hon’ble Mr Justice Ali Mohammad Magrey, Judge .
ORDER
21.08.2020
01 . The grievance projected in this petition relates to the subject(s) covered by Section 14 of the Central Administrative Tribunals Act, 1985 (CAT Act). The jurisdiction to hear this petition as a Court of first instance, therefore, lies with the Central Administrative Tribunal (CAT) constituted under the provisions of the CAT Act.
02 . Accordingly, in terms of Section 29 of the CAT Act, this case is transferred for further proceedings to the CAT, the Court of first instance, having its place of sitting at Srinagar notified vide Notification no. G.S.R. 317(E) dated 28.06.2020, issued by the Central Government under Section 5(7) of the CAT Act. However, since there is only one Bench of the CAT established so far which is presently holding its sitting at Jammu, the Registrar Judicial is directed to transmit the record of the petition to the CAT presently holding sittings at Jammu, retaining a soft copy thereof.
Issues for consideration
1 issue framed by the court
Whether this writ petition falls within the jurisdiction of the High Court or the Central Administrative Tribunal under the CAT Act.
Parties & counsel
- petitioner
Nazir Ahmad Sheikh
- respondent
State of JK
Coram
Ali Mohammad Magrey
Case details
As recorded by the court registry
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