LI Network
Published on: October 3, 2023 at 17:23 IST
The Supreme Court issued a statement emphasizing that transfer applications cannot be entertained during the advanced stages of a hearing.
The bench comprising Justices Aniruddha Bose and Bela M. Trivedi addressed a case in which the petitioner’s request to transfer proceedings to the Ahmedabad Bench of the same Tribunal had been rejected by the Principal Bench of the Central Administrative Tribunal in Delhi.
The petitioner challenged the legality of this decision before the High Court of Gujarat at Ahmedabad, invoking its jurisdiction under Article 226 of the Indian Constitution.
Also Read: Review Petition in High Court
However, the High Court declined the plea, citing the case of Union of India v. Alapan Bandyopadhyay. It relied on a passage from the Alapan Bandyopadhyay case, asserting that it lacked territorial jurisdiction to entertain the petition.
The Supreme Court clarified that the petitioner did not argue that the Tribunal currently hearing the case lacked jurisdiction. He himself had initiated the application in the Hyderabad Tribunal. His contention was that the Ahmedabad Tribunal also had jurisdiction to hear the case, as he now resided in Ahmedabad following retirement.
He expressed concerns that if his transfer request was not granted, it would result in inconvenience and undue hardship. This was the primary reason for his application to move the case from the Hyderabad Tribunal to the Ahmedabad Bench.
The case had already reached an advanced stage of hearing in the Hyderabad Tribunal. This appears to be the principal reason for the Principal Bench of the Tribunal’s rejection of the petitioner’s transfer application.
In light of these circumstances, the bench dismissed the petition.
Case Title: Rajnish Kumar Rai V. Union of India & Ors.
