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Supreme Court of India 2023-03-03 remanded

Union of India vs Sanjiv Chaturvedi & Ors

Bench: 2 — M.R. Shah, B.V. Nagarathna

In Brief

Sanjiv Chaturvedi, an officer eligible for promotion, challenged a transfer order moving his case against the 360-degree appraisal system from the Nainital Bench to the Principal Bench (Delhi) of the Central Administrative Tribunal. The Uttarakhand High Court allowed his challenge, holding that any High Court with territorial jurisdiction under Article 226(2) could entertain such a petition. The Union appealed, citing L. Chandra Kumar and Alapan Bandyopadhyay principles. The Court noted conflicting interpretations of whether only the High Court where the Tribunal sits has jurisdiction or whether Article 226(2) permits other High Courts where cause of action arises. Finding the constitutional question of significant public importance and wide impact, the Court referred the matter to a Larger Bench for reconsideration.

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Administrative Law Jurisdiction of High Courts Tribunals Constitutional Law Access to Justice Civil Procedure

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