Queries reference with filing service matter in cat
Querist :
Anonymous
(Querist) 09 November 2021
This query is : Resolved
i am in government service and i need to challenge transfer order in Central Administrative Tribunal. I have few queries. Kindly provide me with your valuable guidance point wise.
1. Do i have to go to tribunal for every hearing or even once or only my lawyer will appear on my behalf?
2. In case in do not hire a lawyer, can i file my case myself?
3. Can i authorize an agent on my behalf and he can pursue the case in CAT? And do i have to go to CAT in this scenario?
Thank you.
kavksatyanarayana
(Expert) 09 November 2021
The transfer is not a right. Mostly according to administrative exigencies, the transfer of employees will be ordered. So you request your employer and tell him your problems if any.
Querist :
Anonymous
(Querist) 09 November 2021
@kavksatyanarayana
That was not my query. However Thank you for your reply. there are several aspects of matter. OFC there are several transfer orders challenged and several judgements in favor of applicant. It depends on several factors and circumstances. I do understand that transfer is not a right.
However,if possible i would request you to answer my query as is.
Thank you
Querist :
Anonymous
(Querist) 10 November 2021
Any one who can offer guidance on the query?
P. Venu
(Expert) 10 November 2021
If the case (Original Application - OA) is filed in the CAT through an advocate, it is not all necessary that the applicant be present. The applicant appear in person without engaging an advocate, but an agent (other than an advocate) cannot be engaged.
Dr J C Vashista
(Expert) 11 November 2021
1. Do i have to go to tribunal for every hearing or even once or only my lawyer will appear on my behalf?
It is not necessary for the applicant to attend all or any date, which has to be attended and proceeded properly.
2. In case in do not hire a lawyer, can i file my case myself?
Yes. you may file and proceed the matter as party-in-person.
3. Can i authorize an agent on my behalf and he can pursue the case in CAT?
In view of above query it is an academic question.
4. And do i have to go to CAT in this scenario?
Not very clear question.
However, I fully agree with the expert advise of Mr. Kavksatyanarayana, transfer is an organisational policy, wherein Tribunal / Courts do not (generally) interfere.
You may challenge transfer order on specific ground which may or may not be accepted in favour of applicant.
Querist :
Anonymous
(Querist) 11 November 2021
@ P Venu Ji and @ Dr J C Vashista ji Thank you so much for your valuable guidance.
@admin LawersclubIndia.com i cannot see like button on replies posted by learned experts to convey my like and thanks.
Reference with my query point 3. As per cat rules, it is written that agent may be authorized to file the application. However expert advice is contrary to that. that is why i cam confused about it.
And point No 4. is that if i can authorize an agent to file case(Assuming affirmative), in this scenario do i have to go to CAT? Sorry for posting unclear earlier.
Thank you once again
P. Venu
(Expert) 11 November 2021
Your specific query had been "Can i authorize an agent on my behalf and he can pursue the case in CAT?" and not whether an agent could be authorised to file the application.
In fact, applications before the CAT could be filed through post or courier.
Querist :
Anonymous
(Querist) 12 November 2021
That you @ P Venu ji, i am sorry for not putting query clearly.
So my question again is.
1. if i authorize an agent, would he be able to File OA and subsequent submissions in CAT on my behalf?
2. If answer to above question is affirmative, do i have to go to CAT at any stage of the case.
Thank you
Sudhir Kumar, Advocate
(Expert) 20 November 2021
agreeing with above views I will advise that you can file case in person or through advocate. In case you plead in person you have to come on every hearing.
Beware. courts are not very charitable to entertain transfer related matters. Should not open yourself for further harassment unless you can prove malafide.
