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2023 Supreme(SC) 1008

ANIRUDDHA BOSE, BELA M. TRIVEDI
Rajnish Kumar Rai – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Yadav Narender Singh, AOR
For the Respondent(s): Ms. Aishwarya Bhati, A.S.G. Mr. K Parmeshwar, Adv. Mr. Rajat Nair, Adv. Ms. Swati Ghildiyal, Adv. Ms. Poornima Singh, Adv. Mr. Rustam Singh Chauhan, Adv. Mr. Adit Khorana, Adv. Mr. Arvind Kumar Sharma, AOR

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


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