Syed Mudasir and Ors. v. State Th.P.H.E.Deptt.and Ors.
Case brief
What is this about?
The High Court held that the petition under Section 14 of the CAT Act lacks original jurisdiction. The matter was transferred to the Central Administrative Tribunal, which is the Court of first instance. A single Bench at Jammu was redirected.
What did the court decide?
Petition transferred to Central Administrative Tribunal sitting at Jammu.
What the court decided
Serial No. 219-A
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
SWP No. 1821/2011 IA No. 2504/2012
Liyaqat Ali and others …Petitioner(s)
v
State of J&K & ors
…Respondent(s)
CORAM
Hon’ble Mr. Justice Ali Mohammad Magrey, Judge.
ORDER
- 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.
- 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 28.05.2020, 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
2 issues framed by the court
Whether the High Court has jurisdiction to hear the petition or if it belongs to the Central Administrative Tribunal.
To which Bench of the CAT should the transferred record be sent for further proceedings.
Parties & counsel
- petitioner
Liyaqat Ali and others
- respondent
State of J&K & ors
Coram
Ali Mohammad Magrey
Case details
As recorded by the court registry
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