Zahid Saif Wani v. State Th.Home Deptt.and Ors.
Case brief
What is this about?
This matter is transferred from the High Court to the Central Administrative Tribunal (CAT) designated by the Act, as the High Court lacks prima facie jurisdiction.
What did the court decide?
The petition was transferred to the Central Administrative Tribunal, Jammu Bench; a soft copy must be retained by the Registrar Judicial.
What the court decided
Serial No. 1 Supplementary-1
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
SWP No. 927/2008 IA No. 1367/2008
Zahid Saif Wani. …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 possesses jurisdiction to entertain a writ petition under Section 14 of the Central Administrative Tribunals Act, 1985.
To whom should the petition for directions under Section 29 of the CAT Act be transferred for further proceedings.
Parties & counsel
- petitioner
Zahid Saif Wani
- respondent
State of J&K
Coram
Ali Mohammad Magrey
Case details
As recorded by the court registry
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