Transfer of pending and dispased off cases and applications.

The Chhattisgarh Rajya Prashasnik Adhikaran (Lambit Avam Nirakrit) Act, 2004

General20044 sections

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Statutory text

(1) Any suit or othe proceeding in relation to recruitment, and matters concemng recruitment to any civil service of the State of Chhattisgarh or to a.ay civil posi under the State of Chhattisgarh. service matter concerning a person apponled ie any civil service of the State of Chhattisgarh and pertaining to the service of suc person in connection with the affairs of the State of Chhattisgarh. which was transferred by any civil court of Chhattisgarh State was pending hetore the Tribunal on the appointed day shall stand transferred back to the same civil ou and in case such court is not in existence, then to the court of conpeie jurisdiction in its place and such court shall proceed to dispose off the sanie as it were suit under the Code of Civil Procedure, 1908 (No. 5 of 1908).
(2) Every proceeding of a case in relation to recruitment, and matters coneei recruitment to any civil service of the State of Chhattisgarh or to any C under the State of Chhattisgarh service matters concerning a person appointede any civil service of the State of Chhattisgarh and pertaining to the servVice of suh person in connection with the affairs of the State of Chhattisgarh which wS transferred by the Madhya Pradeh, High Court to the Tribunal and was Pending before the Tribunal on the appointed day, shall stand l transferred o the High Cout of Chhattisgarh.
(3) Every prOceeding of a case in relation to reeruitment, and matters COncerning recruitnent to any civil service of the Ste of Chhattisgarh or to any civil post under the Sate of Chhalisgarh sCrvice matlers concerning a person apponted to ny civil I service of the State of Chhatlisgarh and pertainng to the servce ol such rsOn in conncCiOn \With he alfarS of the State of Chhtisgarh, which was CLlin the Tribunal as orngnal application and was pend1ng on the «ppointcd dy al stand translered to the High Court of Chhattisyarh.
(4) Where anv case or proccCdny ol the Tribunal stands transferred to any civil court ethe High Court ofChhattisgarh under sub-section (1). (2) or (3). the record of CHch case or prOCCCdNg, shallbe lorwarded, as the case may be to the civil court or the High Court ofChhatisgarh.
(5) On receipt of suchrecord, the civi court or the High Court of Chhatisgarh. as the case may be, may lake such further proccedings from the stage existing inme diatelv prior to the ransferor from any previous stage. as the civil court or the High Court of Chhattisgarh may deen fit.
(6) The record of all cases/applications decided by the Tribunal up to the appointed day shall be transferred to the High Court of Chhattisgarh and concern civil courts respectively.

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