J.L. Jain Vs. Union of India & Ors.
EmailAppeal: Civil Appeal No. 2404 of 2000
(Arising out of SLP (C) No. 12636 of 1999)
(Arising out of SLP (C) No. 12636 of 1999)
Petitioner: J.L. Jain
Respondent: Union of India & Ors.
Apeal: Civil Appeal No. 2404 of 2000
(Arising out of SLP (C) No. 12636 of 1999)
(Arising out of SLP (C) No. 12636 of 1999)
Judges: G.B. PATTANAIK & U.C. BANERJEE, JJ.
Date of Judgment: Mar 04, 2000
Head Note:
PRACTICE AND PROCEDURE
Constitution
Article 226 with Civil Procedure Code, 1908 – Section 24 – Transfer – Service matter – Application for transfer from one Bench of CAT to another Bench – Application dismissed without hearing and so was writ. Held that application could not have been dismissed without hearing. Application directed to be redisposed of after hearing. (Para 3)
JUDGEMENT:
ORDER
1. Leave granted.
2. An application for transfer had
been filed by the petitioner of a pending case from one Bench of the Central Administrative Tribunal (Tribunal) to the other, which was registered as a miscellaneous application. The learned Chairman of the Tribunal without even hearing the applicant, dismissed
the said application and, therefore, the applicant moved the High Court by filing a writ petition. The High Court having dismissed the writ petition, the appellant is before this Court.
3. We have no hesitation to come to the conclusion that an application for transfer registered as miscellaneous application could not have been disposed of by the Tribunal without hearing the applicant himself and, therefore, we set aside the impugned order passed by the High Court and that of the Chairman of the Tribunal and direct that the application for transfer may be redisposed of after giving an opportunity of hearing to the applicant.
4. Needless to mention, we express no opinion on the merits of the case for transfer. This appeal stands disposed of accordingly.
1. Leave granted.
2. An application for transfer had
been filed by the petitioner of a pending case from one Bench of the Central Administrative Tribunal (Tribunal) to the other, which was registered as a miscellaneous application. The learned Chairman of the Tribunal without even hearing the applicant, dismissed
the said application and, therefore, the applicant moved the High Court by filing a writ petition. The High Court having dismissed the writ petition, the appellant is before this Court.
3. We have no hesitation to come to the conclusion that an application for transfer registered as miscellaneous application could not have been disposed of by the Tribunal without hearing the applicant himself and, therefore, we set aside the impugned order passed by the High Court and that of the Chairman of the Tribunal and direct that the application for transfer may be redisposed of after giving an opportunity of hearing to the applicant.
4. Needless to mention, we express no opinion on the merits of the case for transfer. This appeal stands disposed of accordingly.
