Jain, Sahai transferred as Members J&K CAT, 20 officals shifted from CAT Chandigarh to Jammu

Centre constitutes permanent bench of CAT for J&K, Ladakh

29/05/2020
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NEW DELHI, May 28: As Centre's decision to extend the jurisdiction of Chandigarh branch of Central Administrative Tribunal (CAT) over J&K had evoked strong reactions, the Union Government on Thursday announced to set up separate CAT bench for the Union Territories of J&K & Ladakh.
The 18th bench of the CAT - named Jammu Bench - would have jurisdiction over UTs of J&K and Ladakh.
"In exercise of the powers conferred by sub-section (7) of section 5 of the Administrative Tribunals Act, 1985 (13 of 1985), the Central Government hereby specifies Jammu and Srinagar as the places at which the benches of the Central Admi-nistrative Tribunal (CAT) shall ordinarily sit for the Union territory of Jammu and Kashmir and Union territory of Ladakh," read the notification issued by Rashmi Choudhary, Addit-ional Secretary, Ministry of Perso-nnel, Public Grieva-nces and Pensions, this afternoon.
It was also mentioned in the notification, "Some amendments have been made in the notification of the Government of India in the erstwhile Ministry of Personnel & Trai-ning, Administrative Reforms and Public Grievances and Pensions vide number G.S.R. 610(E), dated the 26th July, 1985. As per amendments, jurisdiction of the Chandigarh Bench of the CAT would be State of Haryana, State of Himachal Pradesh, State of Punjab and UT of Chandigarh."
The Centre had on April 29 extended the jurisdiction of CAT's Chandigarh bench over the J&K & Ladakh UTs. However, political parties and lawyers' bodies said it would hamper access to justice for the employees of the UT, following which the Centre on May 1 clarified that no petitioner or lawyer would need to go to Chandigarh as such matters would be heard by the CAT bench in J&K itself. The government also mentioned that CAT Chandigarh bench used to hold its sittings in J&K to dispose of service matters related to Central Government employees.
But with Chief Justice of J&K High Court Gita Mittal writing to Union Minister of State Jitendra Singh for establishing of an administrative tribunal with multiple benches and permanent seats in Jammu and Srinagar on May 16, the Centre came up with the new notification on Thursday.
Another development took place when retired District Judge belonging to Jammu Mr Rakesh Sagar Jain who is at present Judicial Member CAT Allahabad was transferred to CAT Bench Jammu.
In another other about 20 officers and officals of CAT Chandigarh have been directed to join at CAT Jammu and as per order the Bench will start the functioning on 8.6.2020 both by virtual mode as well as physical opening of office.
As of now, the Jammu Bench of CAT will hold jurisdiction over the complete Jammu & Kashmir and Ladakh, vide Notification No. G.S.R. 318(E) dated 28.05.2020.
For establishment of permanent benches at Jammu and Srinagar, CAT has been requested to send a detailed proposal for creation of posts of Judicial Member(s)/ Administrative Member(s) and support staff etc. Once, the said process will get completed, the jurisdiction of the two Benches (Jammu and Srinagar) will be decided in consultation with CAT and the Govts. of Jammu & Kashmir and Ladakh and notification issued in due course.
The said move of the CAT has been welcomed by lawyers, litigants and all concerned.
In another order Bhagwan Sahai transferred to CAT Jammu.
In exercise of the power conferred by Clause (b) of sub-Section (4) of Section 5 of the Administrative Tribunal Act, 1985 (13 of 1985), Hon'ble the Chairman, Central Administrative Tribunal is pleased to transfer Hon'ble Dr. Bhagwan Sahai, Administrative Member, Central Bench, Jammu in administrative exigencies.
The Hon'ble Administrative Member may be relieved of his duties so as to enable him to assume the charge of the post of Administrative Members of Jammu Bench, Jammu on 08.06.2020 positively. He will be entitled to TA/DA and transfer related grants for assuming charge at Central Administrative Tribunal, Jammu Bench, Jammu as per Rules.

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