IMPORTANT POINT
Proceeding cannot be transferred when matter has reached final stage of hearing.

JUDGMENT

ANIRUDDHA BOSE, J.

Delay condoned.

2. Heard learned counsel for the parties.

3. The proceeding of which transfer is asked for, was instituted by the petitioner himself before the Central Administrative Tribunal, Hyderabad and it has reached final stage of hearing. The petitioner’s application for transfer of the proceeding to the Ahmedabad Bench of the same Tribunal was rejected by the Principal Bench of the Central Administrative Tribunal, Delhi by an order passed on 04.02.2022. The petitioner questioned the legality of the said order before the High Court of Gujarat at Ahmedabad invoking its jurisdiction under Article 226 of the Constitution of India. But his plea was not accepted by the High Court relying on a judgment of this Court in the case of Union of India -vs- Alapan Bandyopadhyay [(2022) 3 SCC 133]. The High Court relied on the following passage from the case of Alapan Bandyopadhyay (supra) in dismissing the writ petition, holding that it lacked territorial jurisdiction to entertain that petition. It has been, inter-alia, held in the case of Alapan Bandyopadhyay (supra):-

“41. The undisputed and indisputable position in this case is that the WPCT No. 78 of 2021 was filed to challenge the order dated 22-10-2021 in Personnel, Public Grievances and Pensions v. Alapan Bandyopadhyay [Personnel, Public Grievances and Pensions v. Alapan Bandyopadhyay, 2021 SCC OnLine CAT 3242] of the Central Administrative Tribunal, Principal Bench at New Delhi, (by the Chairman of the Tribunal in exercise of the power under Section 25 of the Act sitting at the Principal Bench) transferring OA No. 1619 of 2021 to its files. On applying the said factual position to the legal exposition in L. Chandra Kumar case [L. Chandra Kumar v. Union of India, (1997) 3 SCC 261 : 1997 SCC (L&S) 577] it is crystal clear that the Principal Bench of the Central Administrative Tribunal at New Delhi, which passed the order transferring OA No. 1619 of 2021 vide order in Personnel, Public Grievances and Pensions v. Alapan Bandyopadhyay [Personnel, Public Grievances and Pensions v. Alapan Bandyopadhyay, 2021 SCC OnLine CAT 3242] falls within the territorial jurisdiction of the High Court of Delhi at New Delhi.

42. Needless to say that the power of judicial review of an order transferring an original application pending before a Bench of the Tribunal to another Bench under Section 25 of the Act can be judicially reviewed only by a Division Bench of the High Court within whose territorial jurisdiction the Bench passing the same, falls. In fact, the decision in Bhavesh Motiani case [Bhavesh Motiani v. Union of India, 2019 SCC OnLine Del 11541], relied on by the respondent is also in line with the said position as in that case also, as against the order of transfer passed under Section 25 of the Act by the Principal Bench of the Central Administrative Tribunal at New Delhi writ petition was filed by the aggrieved party only before the High Court of Delhi. This is evident from the very opening sentence of the said judgment, which reads thus : (Bhavesh Motiani case [Bhavesh Motiani v. Union of India, 2019 SCC OnLine Del 11541] , SCC OnLine Del para 1)

“1. The present petition has been filed being aggrieved by order dated 30-11-2018 [Ministry of Commerce v. Bhavesh Motiana, 2018 SCC OnLine CAT 24765] passed by the Central Administrative Tribunal, Principal Bench, New Delhi (“the Tribunal”), by which OA No. 421 of 2018 pending before the Ahmedabad Bench has been transferred to the Principal Bench of the Tribunal.”

43. In the instant case, the High Court at Calcutta has usurped jurisdiction to entertain the writ petition viz. WPCT No. 78 of 2021, challenging the order passed by the Central Administrative Tribunal, New Delhi, in Personnel, Public Grievances and Pensions v. Alapan Bandyopadhyay [Personnel, Public Grievances and Pensions v. Alapan Bandyopadhyay, 2021 SCC OnLine CAT 3242] , even after taking note of the fact that the Principal Bench of the Tribunal does no