Jammu & Kashmir High Court - Srinagar Bench
Balbir Singh & Ors vs State Of Jk & Ors on 2 November, 2020
Author: Ali Mohammad Magrey
Bench: Ali Mohammad Magrey
Serial No. 259
AFTER NOTICE CAUSELIST
(Through Virtual Mode)
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
WP (C) No. 2544/2019
Alongwith connected CM(s)/IA(s)
Caveat No. 1449/2019
Balbir Singh & Ors.
...Petitioner(s)
Through: Mr Moomin Khan, Advocate.
vs
State of JK & Ors.
...Respondent(s)
Through: Mr Sajjad Ashraf Mir, GA for R-1 and 2.
Mr Hilal Ahmad Wani, Advocate for R-3 to 19.
CORAM:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge.
ORDER
02.11.2020
01. This matter is listed in 'After Notice Cause List', and on mention, the matter is taken up for consideration with permission of the Bench.
02. The grievance projected in this petition relates to the subject(s) covered by Section 14 of the Central Administrative Tribunals Act, 1985 (CAT Act). The jurisdiction to hear this petition as a Court of first instance, therefore, lies with the Central Administrative Tribunal (CAT) constituted under the provisions of the CAT Act.
03. Accordingly, in terms of Section 29 of the CAT Act, this case is transferred for further proceedings to the CAT, the Court of first instance, having its place of sitting at Srinagar notified vide Notification no. G.S.R. 317(E) dated 28.05.2020, issued by the Central Government under Section 5(7) of the CAT Act. However, since there is only one Bench of the CAT established so far which is presently holding its sitting at Jammu, the Registrar Judicial is directed to transmit the record of the petition to the CAT presently holding sittings at Jammu, retaining a soft copy thereof.
04. Learned appearing counsel for the respondents are seeking early consideration of the matter before CAT Bench, Jammu, therefore, the Registrar (Judicial) of this wing of the High Court to expedite transmission of records of the instant petition to Registrar, Central Administrative Tribunal Bench, Jammu within a period of one week from today. Registrar Central Administrative Tribunal Bench, Jammu shall place the mater before the Bench on 16th of November, 2020 and the CAT Bench is requested to consider the matter positively on the said dated. Interim direction to continue till the matter is considered by the CAT Bench, Jammu.
05. Disposed of as above.
(Ali Mohammad Magrey) Judge.
SRINAGAR:
02.11.2020 "Hamid"ABDUL HAMID BHAT 2020.11.02 14:13 I attest to the accuracy and integrity of this document