ARUN KUMAR GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a writ petition filed by the petitioner challenging the judgment and order dtd. 17/1/2024 passed by the Central Administrative Tribunal, Lucknow in a Transfer Application bearing No. 01 of 2017 (Arun Kumar Gupta v. Union of India and others).

(2.) The judgment and order dtd. 26/4/2024 reads as under:-

(3.) Although, we had put certain queries to the opposite parties Counsel vide our order dtd. 26/4/2024, which are contained in Paragraphs 2 to 9, but in Paragraph 10 of our order, we had also proposed to consider the scope of power and jurisdiction of the Central Administrative Tribunal while considering and deciding an original application, under the Administrative Tribunals Act, 1985 (hereinafter referred to as, the Act, 1985); whether its powers are akeen to the powers of judicial review, available to the High Court under Article 226 in the Constitution of India, or they are akeen to a Court or a Tribunal of first instance, such as, the Civil Court; and whether the Tribunal has misdirected itself, by proceeding to decide the O.A., as if, it was exercising the powers of judicial review, for which it was guided by a decision of Hon'ble the Supreme Court, rendered in the case of Union of India v. Subrat Nath in Civil Appeal No. 7939-7940 of 2022 arising out of Special Leave to Appeal (Civil) No. 3524 of 2022.