The High Court held that it lacks jurisdiction over the grievance as the Central Administrative Tribunal is the Court of first instance. The petition was transferred to the CAT bench at Jammu for further proceedings.
The record of the petition is directed to be transmitted to the Central Administrative Tribunal at Jammu for further proceedings.
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.
Serial No. 209 AFTER NOTICE CAUSELIST
HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
SWP No. 291/2017
Nazir Ahmad Kar.
…Petitioner(s)
State of JK & Ors.
Through: None. vs Through: None.
…Respondent(s)
CORAM :
Hon’ble Mr Justice Ali Mohammad Magrey, Judge .
ORDER
05.08.2020
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.
03 . The parties are directed to appear before the Registrar, Central Administrative Tribunal (CAT), Jammu Bench on 08.12.2020 for further proceedings.
(Ali Mohammad Magrey) Judge . SRINAGAR: 05.08.2020 “Hamid”
ABDUL HAMID BHAT 2020.08.05 11:16 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the High Court has jurisdiction to hear a grievance covered by Section 14 of the Central Administrative Tribunals Act, 1985.
2 provisions across 1 enactments
Nazir Ahmad Kar
State of JK
Ali Mohammad Magrey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
