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VIJAY BISHNOI, SUDESH BANSAL
Mukesh Kumar Meena – Appellant
Versus
Principal Commissioner of Income Tax – Respondent
JUDGMENT
Vijay Bishnoi, J. - This writ petition is filed by the petitioner being aggrieved with the order dated 07.05.2021 passed by learned Chairman, Central Administrative Tribunal, Principal Bench, New Delhi, whereby the application P.T./68/2021 preferred on behalf of respondent-department has been allowed and O.A. No.14/2021 pending before the Central Administrative Tribunal, Jodhpur Bench has been ordered to be transferred to Central Administrative Tribunal, Allahabad Bench with a direction to club it with O.As. No.1031/2017 and 1030/2017 pending before the Central Administrative Tribunal, Allahabad Bench.
Brief facts of the case are that the petitioner was working as an Inspector in Income Tax Department and was posted in the Office of Principal Commissioner of Income Tax, Aligarh. A memorandum of charge was issued by Principal Commissioner of Income Tax, Aligarh and based on the said memorandum of charge, a departmental enquiry under Rule 14 of CCS (CCA) Rules, 1965 was initiated and Principal Commissioner of Income Tax, Muzaffarnagar passed an order on 12.09.2019 removing the petitioner from service.
The petitioner preferred an appeal to the Jurisdictional Chief Commissioner o
The Chairman of the CAT must consider the jurisdictional rights of employees and the administrative nature of transfer powers under the Central Administrative Act.
The main legal point established in the judgment is that the transfer order violated the petitioner's fundamental right to equality before the law.
The administrative power of the Chairman under Section 25 of the 1985 Act to transfer cases is distinct from the decision-making powers on the judicial side, and the scope of judicial review of an ad....
The Chairman's administrative power to transfer cases under Section 25 of the Administrative Tribunal Act supersedes the applicant's right to choose the filing location under Rule 6(2) of the 1987 Ru....
Reading of section 260A(1) would go to show that an appeal shall lie to the High Court from “every order” passed in appeal by the Tribunal if the High Court is satisfied that the case involves a subs....
Power of judicial review of an order transferring an Original Application pending before a Bench of Tribunal to another Bench under Section 25 of Administrative Tribunals Act, 1985 can be judicially ....
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