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2009 Supreme(SC) 1236

TARUN CHATTERJEE, H.L.DATTU
State of West Bengal – Appellant
Versus
Samar Kumar Sarkar – Respondent


Advocates appeared:
For the Appellants :Tara Chandra Sharma, Ms. Neelam Sharma, Advocates.
For the Respondents:Shravan Kumar, Sr. Adv., Neeraj Shekhar, Amit Kumar Singh, Advocates.

JUDGMENT

H.L. Dattu, J.—

1. Leave granted.

2. The petition raises an important question as to the power of the High Court under Article 227 of the Constitution of India to transfer an application filed under Section 19 of the Administrative Tribunal Act pending before the Administrative Tribunal to the High Court for its consideration and decision.

3. The facts in nutshell are, the respondent before the West Bengal Administrative Tribunal is the petitioner in this petition. The respondent in the present petition filed O.A. No. 912 of 2003 under Section 19 of the Administrative Tribunal Act, 1985, before the West Bengal State Administrative Tribunal, inter alia requesting the Tribunal to direct respondents therein to appoint the applicant to the post of Group ‘D’ in the office of District Land and Land Reforms Officer, Howrah, on the ground that he had served as Tahsil Mohurrior under the Block Land and Land Reforms Officer, Shyampur. After service of notice on the respondents, several adjournments were granted by the Tribunal to the parties to complete the pleadings. The application thereafter was posted before the Tribunal on 1.2.2005. The Tribunal had granted permission to the re



































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