The Bombay High Court has held that the Central Administrative Tribunal CAT,Mumbai,had no jurisdiction to entertain the application moved by Maharashtra DGP S S Virk to transfer a case against him from another state.
The CAT had granted a stay on a departmental inquiry initiated against Virk by the Punjab government on an application moved by the DGP to transfer the case proceedings from its Chandigarh Bench. The Punjab government had challenged this order in HC.
A Division Bench of Chief Justice Swatanter Kumar and Justice A M Khanwilkar held that the order of the tribunal is unsustainable8230; The tribunal has fallen in error of law in not noticing that the application lacks and suffers from ignorance of jurisdictional fact.
The question regarding chargesheet,order of suspension and the documents,which were subject matter of examination and determination and which were subsequently in issue before the CAT Chandigarh Bench and Punjab and Haryana High Court,could not properly be adjudicated upon by the Mumbai Bench of the CAT, the Division Bench said.
The Punjab government was conducting an inquiry against him despite his repatriation to Maharashtra.