Rahul Kumar Meena v. Union of India & Ors.

Delhi High Court · 08 Sep 2022 · 2022:DHC:3552-DB
Sanjeev Sachdeva; Tushar Rao Gedela
W.P.(C) 13488/2019
2022:DHC:3552-DB
administrative petition_dismissed

AI Summary

The Delhi High Court dismissed the petition challenging the CAT's refusal to transfer the case but granted liberty to the petitioner to approach the Tribunal Chairman afresh on the ground of bench incompleteness causing delay.

Full Text
Translation output
W.P(C) 13488/2019 1
HIGH COURT OF DELHI
JUDGMENT
delivered on: 08.09.2022
W.P.(C) 13488/2019
RAHUL KUMAR MEENA ..... Petitioner
versus
UNION OF INDIA & ORS ..... Respondents Advocates who appeared in this case:
For the Petitioner: Mr. Sudarshan Rajan, Mr. Hitain Bajaj, Mohd. Qamar Ali, Advocates.
For the Respondent: Mr. Mr. Ravi Prakash, CGSC with Mr. Farman Ali, Mohd.
Shahan Ulla and Ms. Shruti Sivakumar, Advocates.
CORAM:-
HON’BLE MR. JUSTICE SANJEEV SACHDEVA
HON’BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)

1. Learned counsel for the petitioner submits that the original application filed by the petitioner before the Hyderabad bench of the Central Administrative Tribunal has not been taken up for hearing for the last about four years for the reason that the Coram is not complete and the proceedings are getting delayed.

2. We observe that the subject petition impugns an order dated 30.08.2019 where transfer was sought from the Hyderabad bench to the Principal Bench at Delhi on the ground that petitioner has shifted 2022:DHC:3552-DB W.P(C) 13488/2019 2 his residence to Delhi. Said prayer was rejected by the Tribunal.

3. It is noticed that the plea that the Original Application is not being taken up because of lack of Coram was not raised in the original petition seeking transfer.

4. We are not inclined to interfere with the order dated 30.08.2019, however, since the plea of lack of Coram was not taken in the earlier proceedings, we grant liberty to the petitioner to approach the Chairman of the Central Administrative Tribunal afresh on the said ground.

5. The petition is accordingly disposed of giving liberty to the petitioner as aforesaid.

6. In case petitioner approaches the Chairman of Central Administrative Tribunal with a request for transfer, the same shall be considered without being influenced by the disposal of the present petition.

SANJEEV SACHDEVA, J TUSHAR RAO GEDELA, J SEPTEMBER 8, 2022 rk