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Supreme Court of India 2022-01-06 allowed

Union of India vs Alapan Bandyopadhyay

Bench: 2 — A.M. Khanwilkar, C.T. Ravikumar

In Brief

The Union of India challenged the Calcutta High Court's decision to set aside the Central Administrative Tribunal's order transferring a pending case from its Kolkata Bench to the Principal Bench in New Delhi. The Supreme Court held that the High Court of Calcutta lacked jurisdictional authority to entertain the challenge. The Court clarified that orders passed by the Tribunal's Principal Bench, located in Delhi, can only be reviewed by the Delhi High Court, regardless of where the underlying dispute arose or where parties reside. This applies equally to transfer orders under Section 25 of the Administrative Tribunals Act, as such orders are decisions of the Tribunal. Allowing the appeal, the Court set aside the impugned judgment and dismissed the writ petition, permitting the respondent to challenge the transfer order before the competent Delhi High Court if desired.

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Administrative Law Tribunal Jurisdiction High Court Jurisdiction Civil Procedure Constitutional Law

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