UNION OF INDIA versus SANJIV CHATURVEDI

Citation: [2023] 2 S.C.R. 59 · Decided: 03-03-2023 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Matter referred to larger bench

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Judgment (excerpt)

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UNION OF INDIA
v.
SANJIV CHATURVEDI
(Civil Appeal No.1587 of 2023)
MARCH 03, 2023
[M. R. SHAH AND B. V. NAGARATHNA, JJ.]
Administrative Tribunals Act, 1985 – Transfer of OA –
Respondent no.1-original writ petitioner filed Original Application
(OA) before Nainital Circuit Bench, CAT – Union of India filed
application for transfer of OA from Nainital Circuit Bench to the
Principal Bench, New Delhi – By an order dated 04.12.2020
Chairman of the Tribunal, Principal Bench, New Delhi transferred
it to the Principal Bench, New Delhi – It was challenged before
High Court of Uttarakhand and High Court had set aside the
aforesaid order – On appeal, held : The matter involving the issue
of territorial jurisdiction of the High Court to decide a challenge to
an order passed by the Chairman, CAT, Principal Bench, New Delhi
requires reconsideration by a larger Bench.
Referring the matter to larger Bench, the Court
HELD : 1. Regard being had to the important issues raised
by the respondent no.1 and Union of India and having gone
through the judgment(s) and order(s) passed by this Court in
L. Chandra Kumar and Alapan Bandyopadhyay. The issue
involved is with respect to the territorial jurisdiction of the High
Courts and the effect of introduction of Article 226(2) of the
Constitution of India and the statement of the Law Minister while
introducing Article 226(2) of the Constitution referred and that
the issue involved affects a large number of employees and is of
public importance, it would be appropriate that the matter
involving the issue of territorial jurisdiction of the concerned High
Court to decide a challenge to an order passed by the Chairman,
CAT, Principal Bench, New Delhi should be considered by a
Larger Bench. [Para 6][71-C-E]
L. Chandra Kumar v. Union of India (1997) 3 SCC
261 : [1997] 2 SCR 1186; Kusum Ingots and Alloys
[2023] 2 S.C.R. 59
59
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SUPREME COURT REPORTS
[2023] 2 S.C.R.
Ltd. v. Union of India and Anr. (2004) 6 SCC 254 :
[2004] 1 Suppl. SCR 841; Alchemist Ltd. and Anr. v.
State Bank of Sikkim and Ors. (2007) 11 SCC 335 :
[2007] 4 SCR 46; Union of India Vs. Alapan
Bandyopadhyay (2022) 3 SCC 133 – referred to.
Case Law Reference
[1997] 2 SCR 1186
referred to
Para 3.5
[2004] 1 Suppl. SCR 841
referred to
Para 4
[2007] 4 SCR 46
referred to
Para 5.5
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1587
of 2023.
From the Judgment and Order dated 23.10.2021 of the High Court
of Uttarakhand at Nainital in WPSB No. 407 of 2020.
Arvind Kumar Sharma, Adv. for the Appellant.
Tushar Mehta, SGI, K M Natraj, ASG, Shyam Divan, Sr. Adv.,
Ms. Mayuri Raghuvanshi, Vyom Raghuvanshi, Adith Deshmukh,
Ms. Purvat Goel, Ms. Mayuri Raghuvanshi, Rajat Nair, Kanu Agrawal,
Adit Khorana, Ms. Aakansha Kaul, Anukalp Jain, Manek Singh, Aman
Sahani, Gurmeet Singh Makker, Hrishikesh Baruah, Ms. Radhika Gupta,
Himanshu Shekhar, Advs. for the Respondents.
The Judgment of the Court was delivered by
M. R. SHAH, J.
1. Leave granted
2.  Feeling aggrieved and dissatisfied with the impugned judgment
and order dated 23.10.2021 passed by the High Court of Uttarakhand at
Nainital in WPSB No. 407/2020, by which, the High Court has allowed
the said writ petition and has set aside order dated 04.12.2020 passed by
the Chairman, Central Administrative Tribunal (CAT), Principal Bench,
New Delhi by which the learned Principal Bench of the Tribunal
transferred Original Application (OA) No. 331/109/2020 filed by the
original writ petitioner, from the Allahabad Bench (Nainital Circuit Bench)
to the Principal Bench, New Delhi, the Union of India has preferred the
present appeal.
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3. The facts leading to the present appeal in a nutshell are under:-
3.1 That the contesting respondent No. 1 herein – original writ
petitioner filed original application (OA) before the Nainital Circuit Bench,
CAT with the following prayers: -
“a. To call for records and issue appropriate direction/order
for quashing present system of 360 degree appraisal being used
in empanelment of officers at the level of Joint Secretary and
above in Central Government, being arbitrary, unreasonable, in
violation of principles of natural justice, being in supersession of
statutory rules and finding of Parliamentary Committee Report.
b. To restrain the respondents from filling up the posts of
Joint Secretary/equivalent to Joint Secretary rank and also posts
above in rank of Joint Secretary in Central Government, through
contract system, in future.
c. To 

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