J S Walia vs Central Administrative Tribunal … on 6 May, 2009

Civil Writ Petition No. 10187 of 2008                                 1

     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH
                                     --

                               Civil Writ Petition No. 10187 of 2008
                               Date of decision: 06.05.2009

J S Walia                                               ........Petitioner

            Versus

Central Administrative Tribunal and others              .......Respondent(s)

Coram:      Hon'ble Mr. Justice Ashutosh Mohunta
            Hon'ble Ms Justice Nirmaljit Kaur


Present:    Mr. Rajeev Godara, Advocate
            for the petitioner

            Mr. Sanjay Goyal, Advocate
            for the respondents
                   -.-

Ashutosh Mohunta, J. (Oral)

The petitioner has prayed for quashing of the order dated

03.10.2007 (Annexure P-13) passed by the Central Administrative

Tribunal, Chandigarh Bench (Circuit at Shimla), in OA No. 142/HP/2006.

Notice of motion was issued. Thereafter, a short reply had

been filed on behalf of the respondents, wherein, a preliminary objection

has been raised that a similar case i.e. Union of India and Others v Suresh

Kumar and another (CWP No. 19743 of 2002) was filed before this Court

against the order of the Central Administrative Tribunal, Chandigarh Bench

(Circuit Bench at Shimla). The aforesaid case was decided by the Circuit

Bench at Shimla. This Court vide order dated 18.11.2003, had ordered the

return of the writ petition to the petitioner, for presentation in an

appropriate Court. The order passed by this Court in the aforesaid writ
Civil Writ Petition No. 10187 of 2008 2

petition, is reproduced hereunder:-

“Present: Mr. Sanjay Goyal, Advocate CGSAC,
for petitioners

Mr. B B Sharma, advocate and Mr. M M
Vats, Advocates, for respondent No. 1

-.-

We are of the considered opinion that this

writ petition would have to be returned to the petitioners

to be presented in the court of appropriate jurisdiction

i.e. High Court of Himachal Pradesh.

Office is directed to return the petition to

the petitioner for presentation in the appropriate Court.

Sd/- S S Nijjar,J

Sd/-S S Grewal,J

November 18, 2003″

As the present case has also been decided by the Central

Administrative Tribunal Chandigarh Bench (Circuit at Shimla), therefore,

we deem it proper to order that the writ petition be returned to the

petitioner for presentation before the High Court of Himachal Pradesh,

which is an appropriate Court having jurisdiction in the matter.

The present writ petition stands disposed of accordingly.

[Ashutosh Mohunta]
Judge

[Nirmaljit Kaur]
Judge
May 06, 2009
mohan