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2022 Supreme(SC) 12

A. M. KHANWILKAR, C. T. RAVIKUMAR
Union of India – Appellant
Versus
Alapan Bandyopadhyay – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Tushar Mehta, SG Mr. Arvind Kumar Sharma, AOR
For the Respondent(s): Mr. Kunal Vajani, Adv. Mr. Debanjan Mandal, Adv. Mr. Sandip Dasgupta, Adv. Mr. Kunal Mimani, AOR Mr. Kartikey Bhatt, Adv. Ms. Mahima Cholera, Adv. Mr. Gokula Krishnan, Adv.

JUDGMENT :

C.T. RAVIKUAMR, J.

1. Leave granted.

2. A legal conundrum calls for resolution in this case. The seminal question that created it is: ‘whether the bundle of facts that constitute the cause of action for filing an Original Application under Section 19 of the Administrative Tribunals Act, 1985 (for short ‘the Act’) and determinative of the place of its filing would remain as the decisive factor in case such an application is subsequently transferred from the Bench where it was filed to another Bench of the Tribunal falling under the territorial jurisdiction of another High Court, to ascertain the jurisdictional High Court to exercise the power of judicial review qua the order of transfer passed by the Chairman of the Central Administrative Tribunal at New Delhi in exercise of power under Section 25 of the Act’.

3. The Appellant assails the final judgment and order dated 29.10.2021 passed by the High Court at Calcutta in WPCT No.78/2021 whereby the High Court set aside the order dated 22.10.2021 passed by the Central Administrative Tribunal, Principal Bench (New Delhi) in P.T.No.215/2021 transferring O.A.No.1619/2021, filed by the respondent herein, from Kolkata Bench to its fi

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