Ganesh Kumar Sarkar vs Union Of India & Anr.

Delivered by Hon’ble Mr. Mohan Pyare, Member-(Administrative)

Shri L.S. Kushwaha, learned counsel for the applicant and Ms. Seema Srivastava, learned counsel for the respondents are present.

Present original application has been filed to challenge the impugned order dated 27.06.2022 passed by respondent no.2 (Chairman, Railway Recruitment Board, Chandigarh) against Employment Notice No.01/2019. The applicant submitted his application and appeared for first stage computer based test at the scheduled time on date. He was not declared successful and filed WP No.1584/2022 on 27.01.2022 before Hon’ble High Court of Allahabad, which was dismissed citing availability of alternative remedy. The applicant filed OA No.481/2022 which was decided on 26.05.2022 with a direction to the respondents to decide the representation of the applicant without going into the merits of the OA. The representation of the applicant was decided and communicated, thereafter he filed CCP No.121/2022 dated 08.09.2022 before this Tribunal. The present original application was filed after being aggrieved by the decision of the respondents while deciding the representation. Counter reply and rejoinder affidavit has already been filed in this original application.

Learned counsel for the respondents has also filed MA No.1878/2024 for deletion of respondent no.1. Learned counsel for the applicant has also filed MA No.4324/2023 for condoning the delay in filing the above original application. Objection to the delay condonation application and supplementary affidavit supporting the condonation of delay has also been filed.

At this stage issue of maintainability of this original application came as the impugned order has been passed by Railway Recruitment Board, Chandigarh. Learned counsel for the applicant was directed to show the legal position about the maintainability of the present original application before this Bench vide order dated 09.05.2024. Today learned counsel for the applicant produced the relevant portion of the advertisement notification no.01/2019 and referred para 19.4 which is reproduced below:-

He has also submitted that as the cause of action arose at Chandigarh and as per para 19.4 of the Employment notification no.01/2019, this Original Application is only maintainable at Chandigarh Bench and not before Allahabad Bench of Tribunal so this original application should be transferred to CAT, Chandigarh Bench.

Learned counsel for the respondents also supported the submissions of the learned counsel for the applicant.

On the basis of the above discussions, registry is directed to send a request letter to the Hon’ble Chairman, Central Administrative Tribunal, Principal Bench, New Delhi to transfer the case of the applicant from Central Administrative Tribunal, Allahabad Bench to Central Administrative Tribunal, Chandigarh Bench and on receipt of the order from the Hon’ble Chairman, Central Administrative Tribunal, Principal Bench, New Delhi the original records of the original application be transferred to Central Administrative Tribunal, Chandigarh Bench for passing appropriate orders.