Abdul Rashid Bhat Petition Transferred to CAT

Authority: High Court of Jammu and Kashmir at Srinagar

Order Date: 04 September 2020

Case Overview

• Petitioner: Abdul Rashid Bhat
• Respondents: J & K Industries Ltd. & Ors.
• The petition raised a grievance falling within the ambit of Section 14 of the Central Administrative Tribunals Act, 1985 (CAT Act), which deals with jurisdictional matters.
• The Court observed that the appropriate forum for adjudicating the grievance is the Central Administrative Tribunal (CAT) as the Court of first instance, pursuant to Section 29 of the CAT Act.
• Notification No. G.S.R 317 (E) dated 28.05.2020, issued by the Central Government under Section 5(7) of the CAT Act, designates the CAT’s place of sitting at Srinagar; however, only one Bench of the CAT is operational at Jammu.
• Accordingly, the Registrar Judicial of the High Court was directed to transmit the petition record to the CAT Bench at Jammu, retaining a soft copy of the documents.

Final Outcome

• The petition is transferred to the Central Administrative Tribunal, Jammu Bench for further proceedings.
• Both parties are instructed to appear before the Registrar, Central Administrative Tribunal, Jammu Bench on 08 April 2021.
• The High Court order is marked as disposed of after effecting the transfer.

Topics: Jurisdiction Transfer, Central Administrative Tribunal, High Court Order