Jharkhand High Court
Union Of India Through Secretary vs A.B. Sarkar S/O Sri Kalyan Kumar Sarkar on 16 April, 2019
Author: D.N. Patel
Bench: D.N. Patel, B.B.Mangalmurti
IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No.329 of 2017
1. Union of India through Secretary, Ministry of Personnel [P.G. & Pension]
Department of Personnel & Training, Government of India, North Block P.O.
& P.S.-New Delhi, New Delhi
2. The Chairman, Central Administrative Tribunal, New Delhi P.O. & P.S.
New Delhi
3. Vice Chairman, Central Administrative Tribunal, New Delhi, P.O. & P.S.
New Delhi ... ... Petitioners
Versus
1. A.B. Sarkar S/o Sri Kalyan Kumar Sarkar, S.E. Railway Hatia, P.O. & P.S.
Hatia, Dist-Ranchi
2. Shivalok Mahato s/o Sri Sita Ram Mahato, S.T.G.M., Hatia, P.O. & P.S.
Hatia ... ... Respondents
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CORAM : HON'BLE MR. JUSTICE D.N. PATEL
HON'BLE MR. JUSTICE B.B.MANGALMURTI
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For the Petitioners : Mr. Manoj Tandon, Advocate
For the Respondents :
06/ Dated : 16th April, 2019
Oral Order
Per D.N. Patel, J.
1. This C.M.P. has been preferred for modification of an order dated 5th May, 2004 passed in C.M.P. No.137 of 2004 to the effect that instead of six days at a stretch in a month the Central Administrative Tribunal should held its sitting at Ranchi as per Rule 26 of the Central Administrative Tribunal (Procedure) Rules, 1987 enacted under Sections 35 and 36 of the Administrative Tribunal's Act, 1985.
2. Having heard counsel for the petitioners and looking to the facts and circumstances of the case, it appears that originally there was a writ petition bearing no. C.W.J.C. 3988 of 1992 (R) and it was disposed of by this Court vide order dated 17th January, 1994 inter alia with a direction that at least once in a month the Central Administrative Tribunal will held its sitting at Ranchi. Thereafter, modification application was preferred being M.J.C. No.233 of 2000 which was disposed of by this Court vide order dated 23rd April, 2001 and it was observed that more than two weeks should not elapse between the two session's sitting of Central Administrative Tribunal at Ranchi. Thereafter, C.M.P. No.137 of 2004 was preferred for further modification of the order by this Court and it was observed while disposing C.M.P. No.137 of 2004 vide order dated 5th May, 2004 "That the sitting of the Tribunal shall be held at Ranchi for at least six days in a month, but that it can be held at a stretch by the Tribunal.....................". This was a condition no.(ii) replaced in the earlier order dated 23rd April, 2001 in M.J.C. No.233 of 2000. Now counsel appearing for the petitioners submitted that sitting should be for 5 days in a month at a stretch by the Tribunal at Ranchi as per Rule 26 of Central Administrative (Procedure) Rules, 1987.
3. In view of this submission, we hereby modify the order passed by this Court in C.M.P. No.137 of 2004 dated 5th May, 2004 to the effect that Central Administrative Tribunal shall work at Ranchi as per the Administrative Tribunal's Act, 1985 to be read with Central Administrative Tribunal (Procedure) Rules, 1987. The Chairman of the Central Administrative Tribunal shall take the decision about the place, time and duration of holding of the Bench of the Tribunal at Ranchi. All power will be exercised by the Chairman of the Central Administrative Tribunal in accordance with law and as per the aforesaid Act and the Rules made thereunder. The decision shall be taken by the Chairman of the Central Administrative Tribunal keeping in mind the pendency of the matters over and above. The dates, time and schedule of the Bench of the Tribunal shall be finalized by the Chairman.
4. To that extent order passed by this Court in M.J.C. No.137 of 2004 dated 5th May, 2004 is hereby modified.
(D.N. Patel, J.) (B.B.Mangalmurti,J.) Anit/Rohit