Himachal Pradesh High Court
CMPMO/837/2008 of JAGAT PAL Vs H.P.S.E.B. on 29 December 2008
of 2008 29.12.2008 Present: Ms. Suvrata Nijhaban , Advocate for the petitioner. Mr. Baldev Singh, Advocate for respondents. Mr. Baldev Singh, Advocate appears and waives service of notice on behalf of the respondents. Heard. The prayer of the petitioner herein is that pending Original Application
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29.12.2008 Present:
Ms. Suvrata Nijhaban , Advocate for the petitioner.
Mr. Baldev Singh, Advocate for respondents.
Mr. Baldev Singh, Advocate appears and waives service of notice on behalf of the respondents.
Heard. The prayer of the petitioner herein is that pending Original Application No. 2381/2004, titled Jagat Pal Vs. HPSEB be summoned to this Court. The matter is no longer res-integra but is covered by the judgment of the High Court of Madras in Service Bar Association Versus Union of India & Others, 205 (1) Madras Law Journal 402. The Hon’ble High Court has held as under:
“We hence hold that the power under Article 227 of the Constitution is wide enough to confer power to the High Court to transfer a case from a subordinate Court or a Tribunal to the High Court itself in certain exceptional/special situations if the interest of justice so warrants as is the case here.”
A direction is issued to the Registrar General to send for the records of the case immediately to this Court. This order shall be punctually obeyed. Accordingly, the petition is disposed of.
December 29, 2008. (cr)
(Rajiv Sharma), J.