STATE OF WEST BENGAL & ORS. versus SAMAR KUMAR SARKAR

Under Article 227 of the Constitution, the High Court does not have power to withdraw a case pending before an Administrative Tribunal to itself for adjudication; its power is limited to ensuring the tribunal acts within its legal bounds and may direct expeditious disposal rather than transferring the matter.

Parties: Appellant: State of West Bengal & Ors.; Respondent: Samar Kumar Sarkar
Jurisdiction: India
Judgment Date: 14 July 2009
Procedural Posture: Civil Appeal / Appeal From Order of Calcutta High Court in W.p.s.t. No. 649 of 2007
Outcome: Appeal allowed
Legal Topics: Article 227 Power of Superintendence, Administrative Tribunal Proceedings, Transfer of Cases by High Court

Constitutional Law Administrative Law Article 227 Power of Superintendence Administrative Tribunal Proceedings Transfer of Cases by High Court

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Parties

State of West Bengal & Ors.

Appellant

Samar Kumar Sarkar

Respondent

Procedural Posture

Civil Appeal / Appeal From Order of Calcutta High Court in W.p.s.t. No. 649 of 2007

Legal Issues

1 Whether the High Court was justified in withdrawing the application pending before the Administrative Tribunal for its own consideration by exercising power under Article 227 of the Constitution of India

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Impugned order of the High Court set aside.
High Court to return all documents pertaining to O.A. No. 912 of 2003 to the Administrative Tribunal forthwith.