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Calcutta High Court (Appellete Side)

Smt. Mitali Ghosh & Ors vs Union Of India & Ors on 23 March, 2015

Author: Pranab Kumar Chattopadhyay

Bench: Pranab Kumar Chattopadhyay

                                                1


23.03.15
 7/akd

                                   W.P.C.T. 47 of 2015

                                  Smt. Mitali Ghosh & Ors.
                                               -Vs-
                                   Union of India & Ors.
                                    ..................................................................

Mr. Ashok Kumar Chakraborty, Mr. Arpa Chakraborty ... ... for the petitioners Mr. Subrata Das Gupta ... ... for the respondents This writ petition has been filed challenging the order dated 19th January, 2015 passed by the Central Administrative Tribunal, Calcutta Bench in O.A. 350/01480/2014.

The aforesaid order was passed by the single member Bench of the Central Administrative Tribunal, Calcutta Bench consisting of an Administrative Member only.

Having heard the learned Advocate of both the parties and considering the impugned order passed by the learned single member of the Central Administrative Tribunal, Calcutta Bench consisting of an Administrative Member only, we are of the opinion that the Original Application should be listed before a Division Bench of the said learned Tribunal consisting of atleast one Judicial Member.

The Chairman, Central Administrative Tribunal is requested to issue necessary order for constitution of an appropriate Division Bench of the 2 said Central Administrative Tribunal, Calcutta Bench for deciding the Original Application being O.A. 350/01480/2014 de novo on merits and specially for considering the prayer for interim relief of the petitioners herein without any further delay and positively within a period of two weeks from date.

With the aforesaid directions, this writ petition stands disposed of.

Let it also be on record that we have not expressed any opinion with regard to any issue raised before the learned Tribunal on merits.

The learned Advocates of both the parties are directed to communicate the gist of this order to the Chairman, Central Administrative Tribunal, New Delhi immediately.

A copy of this order be also communicated to the Registrar, Central Administrative Tribunal, Calcutta Bench for onward communication to the Chairman, Central Administrative Tribunal.

There will be no order as to costs.

Let a xerox plain copy of this order duly countersigned by the Assistant Registrar (Court) be given to the learned Advocate of both the parties on usual undertaking.

(Pranab Kumar Chattopadhyay, J.) (Sudip Ahluwalia, J.) 3