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Central Administrative Tribunal - Delhi

Dr. K. N. Sharma vs Union Of India & Others on 10 December, 2010

      

  

  

 CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH
NEW DELHI

P.T. NO.316/2010
(O.A. No.45/Ahmedabad/2010)

This the 10th day of December, 2010

HONBLE SHRI JUSTICE V. K. BALI, CHAIRMAN

Dr. K. N. Sharma					                Applicant

( By Shri I. H. Syed with Shri Varindra Kumar Sharma, Advocate )

Versus

Union of India & Others		  	  	           Respondents




O R D E R

OA No.45/2010 is pending adjudication before the Ahmedabad Bench of the Tribunal. At present there is only one Administrative Member at Ahmedabad. As would be made out from the order dated 24.11.2010 passed by the Member (J), the Administrative Member Shri K. S. Sugathan has recused himself from hearing the case. That being so, the Member (J) vide his order aforesaid has referred the matter to me for constituting a Bench. Meanwhile, counsel for the applicant Shri I. H. Syed has addressed a letter to me to hear the matter in the Principal Bench at Delhi, as the only Member (A) available in the Bench has expressed his inability to hear the case. The letter has been taken on judicial side as a misc. application seeking transfer of the case from Ahmedabad to the Principal Bench. Notice was issued in this case on 24.11.2010. The respondents have been served, but no reply has been filed.

2. Considering the facts as mentioned above, I am of the view that it would be better if the case is transferred from Ahmedabad to the Principal Bench, as even if another Bench is to be constituted at Ahmedabad and a Member (A) is deputed there from some other Bench, it is not sure that the matter would be decided in a single day. If the matter is to be adjourned on a couple of occasions or more, it would require constituting the Bench every time, which would in turn require sending a Member from another Bench to Ahmedabad to decide the matter. In the circumstances as mentioned above, the OA is transferred to the Principal Bench. Ahmedabad Bench and the parties be informed accordingly.

3. The applicant has filed another OA bearing No.331/2010, which too is transferred to this Bench for the same reasons.

( V. K. Bali ) Chairman /as/