Arbind Kumar Langhay v. State Th. P.W.D. and Ors.
Case brief
What is this about?
The High Court of Jammu and Kashmir transferred a service grievance petition to the Central Administrative Tribunal under Section 29 of the CAT Act, as the High Court lacks jurisdiction under Section 14 of the CAT Act.
What did the court decide?
Petition transferred to the Central Administrative Tribunal, Jammu Bench for further proceedings; parties to appear on 05.10.2020.
What the court decided
Serial No. 206
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
SWP No. 62/2019 [WP (C) No. 122/2019] CM Nos. 8914/2019, 622/2019[1/2019] & 3546/2019
Arbind Kumar Langhay. …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
1 issue framed by the court
Whether the jurisdiction for the grievance lies with this High Court or the Central Administrative Tribunal under Section 14 of the CAT Act.
Parties & counsel
- petitioner
Arbind Kumar Langhay
- respondent
State of J&K
Coram
Ali Mohammad Magrey
Case details
As recorded by the court registry
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