Mohammad Amin Shah v. State of Jk and Ors. (I and Fc)
Case brief
What is this about?
The High Court held that the writ petition concerns a subject covered by Section 14 of the CAT Act, vesting first-instance jurisdiction with the Central Administrative Tribunal. The Court directed transfer of the case to the CAT.
What did the court decide?
The writ petition was transferred to the Central Administrative Tribunal (CAT) for further proceedings with the parties directed to appear before the Registrar CAT, Jammu Bench.
What the court decided
Serial No. 243 AFTER NOTICE CAUSELIST
HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
SWP No. 49/2017
Mohammad Amin Shah.
…Petitioner(s)
Through: None. vs State of JK & Ors. …Respondent(s) Through: None.
CORAM :
Hon’ble Mr Justice Ali Mohammad Magrey, Judge .
ORDER
11.08.2020
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 a writ petition relating to the subject matter of Section 14 of the Central Administrative Tribunals Act is maintainable in the High Court as a Court of first instance.
Parties & counsel
- petitioner
Mohammad Amin Shah
- respondent
State of JK
Coram
Ali Mohammad Magrey
Case details
As recorded by the court registry
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