Dismissal from service – territorial jurisdiction of CAT Bench

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 4 months ago.

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  • #4785

    Sir i was working in jhansi postal division as a postal assistant. I have awarded dissmissal punishment. I want to know whether i can file O.A. in principal bench of CAT Delhi. And also suggest me a lawer with cost effective.

  • #4791

    Rule 6 of the Central Administrative Tribunal (Procedure) Rules, 1987, lays down as to before which Bench an Original Application can be filed by an applicant:

    6. Place of filing applications. – (1) An application shall ordinarily be filed by an applicant with the Registrar of the Bench within whose jurisdiction, (i) the applicant is posed for the time being, or (ii) the cause of action, wholly or in part, has arisen:

    Provided that with the leave of the Chairman the application may be filed with the Registrar of the Principal Bench and subject to the orders under section 25, such application shall be heard and disposed of by the Bench which has jurisdiction over the matter.

    (2) Notwithstanding anything contained in sub-rule (1) persons who have ceased to be in service by reason of retirement, dismissal or termination of service may at his option file an application with the Registrar of the Bench within whose jurisdiction such person is ordinarily residing at the time of filing of the application.”

    It appears that in your case the dismissal order might have been passed at Jhansi. So, you can file an Original Application in CAT only if:

    (1) You are residing in Delhi after your dismissal, which comes within the jurisdiction of CAT, Principal Bench, New Delhi.

    (2) OR, if you seek permission of the Chairman of CAT for filing OA in the Principal Bench at New Delhi (giving some justifiable reasons for doing so) and such permission is granted.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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