STATE OF GUJARAT Vs. R S YADAV

JUDGEMENT

(1.) The order dated 29/09/2000 of the Chairman of the Central Administrative Tribunal in MA 1213/2000 arising out of OA No. 598/2000 is in question in this petition.

(2.) The first respondent is an IPS officer borne on Gujarat Cadre. He, at all material times, was and still has been holding the post of Deputy Superintendent of Police. He, allegedly, in a sensational case of kidnapping of three year old girl from a school arrested innocent persons and added Section 302 of the Indian Penal Code without any concrete evidence of the murder of the child although she was recovered alive. The investigation was handed over to the Central Bureau of Investigation. On 17/04/1999, the first respondent was transferred to Junagarh whereupon he left Junagarh without obtaining any permission. It is alleged that since then he had remained absent unauthorisedly. The CBI found serious irregularities and lapses during investigation whereupon the first respondent was placed under suspension on 21/02/2000. He, on or about 7/04/2000, filed an application before the Principal Bench of Central Administrative Tribunal purported to be under Section 19 of the Administrative Tribunal Act, 1985. He also filed an application under Rule 6(1) of the Administrative Tribunal (Procedure) Rules, 1987 praying for permission to file application before the Principal Bench as also an application purported to be under Section 25 of the Act for hearing of the petition therein. In the said application, he inter alia contended that he was on medical leave and had been undergoing medical treatment at Ram Manohar Lohia Hospital, New Delhi as also at Gurgaon. The then Chain-nan of the Tribunal by order dated 11/04/2000 passed an ex-parte order allowing the prayer for filing the application.

(3.) The petitioner herein, having been noticed; filed counter-affidavit where inter alia it was contended that the Principal Bench of the Tribunal had no jurisdiction. It was contended that as the entire cause of action had arisen in Gujarat, the Ahmedabad Bench of the Tribunal had the jurisdiction to entertain the said application. The charge-sheet was also issued against the first respondent on 3/05/2000. The matter was heard on 5/05/2000 whereupon notices were issued upon the second respondent By reason of the impugned order dated 29/09/2000 although the entire cause of action had arisen in the State of Gujarat but held that the exercise of jurisdiction of the Tribunal in passing the order dated 11/04/2000 cannot be said to be wrong.