Allahabad CAT Bar Association Moves High Court Against Notification Transferring Jurisdiction Of Uttarakhand From Allahabad To New Delhi

A petition has been filed by the Central Administrative Bar Association, Allahabad before the Allahabad High Court challenging the transfer of jurisdiction of Uttarakhand from CAT's Allahabad Bench to its Principal Bench at New Delhi.

On 18^th July, 2023, Ministry of Personnel (Public Grievances and Pensions) Department of Personnel and Training issued a notification transferring jurisdiction of State of Uttarakhand to Principal Bench of the Central Administrative Tribunal at New Delhi. It is claimed the aforesaid jurisdiction has been with the Allahabad Bench of CAT since 1985 and the transfer is in violation of the Constitution of India as well as the Administrative Tribunals Act, 1985.

In the petition, it has been submitted that prior to transferring the jurisdiction of the Tribunal from one bench to another, the High Court must mandatorily be consulted by the Government. However, notification was issued without any consultation, scrutiny, or verification process, it is said.

Earlier, a writ petition was filed before the Uttarakhand High Court for a bench of CAT at Nainital, as it is difficult and expensive for lawyers from Nainital to travel to Allahabad for hearing. The Uttarakhand High Court had then directed the DoPT to ensure the sitting of a bench, for a week, at Nainital for adjudicating upon such cases which fall within its jurisdiction, till the formation of a permanent bench.

The petitioner submitted that since this order was never challenged before the Supreme Court, it became final and binding. In absence of any challenge to the same, the jurisdiction could not have been transferred from Allahabad to New Delhi against the order of the Court, it is argued.

Lastly, it has been argued in the petition that transfer of jurisdiction without affording any opportunity of hearing to the petitioners, i.e., members of the CAT Bar Association Allahabad, creates serious problems in functioning of the institution and makes the justice system less accessible to litigants.

A bench comprising Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava has directed the respondents to file their counter affidavit.

Advocates Udai Chandani and Prajyot Rai appeared on behalf of Petitioner.