CMPMO No.224/2009 23.3.2009: Present: Ms. Anjali Soni Verma, Advocate for the petitioner. Mr. Baldev Singh, Advocate for the respondents. The Himachal Pradesh Administrative Tribunal came into existence on the basis of notification No. G.S.R.1045 (E) dated 26.8.1986. The same was abolished on the basis of notification No. G.S.R.505 (E) dated 8.7.2008. The Legislative Assembly of the Himachal Pradesh has enacted an Act called “The Himachal Pradesh Administrative Tribunal (Transfer of decided and pending cases and applications) Act, 2008 (hereinafter referred to as ‘the Act’ for brevity sake). The Preamble of the Act reads thus: “To provide for the transfer of decided cases and pending applications before the Himachal Pradesh Administrative Tribunal which has been abolished by the Government of India vide notification No. G.S.R. 505 (E) dated 8.7.2008 by rescinding the notification No. G.S.R. 1045 (E) dated 26.8.1986.” Section 3 of the Act provides for transfer of pending and disposed of cases and applications. The text of section 3 reads thus: “3. (1) Any suit or case or other proceeding which was transferred by any civil court and decided by the Tribunal or is pending on the date of commencement of this Act, before the Tribunal shall stand transferred back to the same civil court from which it was transferred and in case such court is not in existence then to the court of competent jurisdiction in its place and such court shall proceed to dispose of the same as if it was a plaint under the Code of Civil Procedure, 1908. (2) Every proceeding which was transferred by the High Court to the Tribunal and decided by the Tribunal or is pending on the date of commencement of this Act, before the Tribunal shall stand transferred back to the High Court. (3) Every proceeding of a case which was filed as an original application in the Tribunal and decided by the Tribunal or is pending on the date of commencement of this Act, before the said Tribunal shall stand transferred to the High Court. (4) Whether any case or proceeding stands transferred from the Tribunal to the High Court or civil court under sub-section (1), (2) or (3),- (a) the records of such cases or proceedings shall be forwarded to the High Court or the concerned civil court, as the case may be; and (b) the High Court or the civil court, as the case may be, on receipt of such record, proceed to deal with the case from the stage which was reached before such transfer or from any earlier stage as the High Court or the civil court may deem fit. (5) Every proceeding relating to competent, execution or review of final order or interim order pending before the Tribunal on the date of commencement of this Act, shall stand transferred to the High Court or the civil court, as the case may be.” It is evident from the phraseology employed in sub-section (4) of section 3 of the Act that the records of cases or proceedings was required to be forwarded to the High Court or the concerned civil court. Thereafter the High Court or the civil court on receipt of such record have to proceed to deal with the cases from the stage which was reached before such transfer or from any earlier stage as the High Court or the civil court may deem fit. The present petition has been preferred for summoning the records of OA (D) No. 334/2005 from the erstwhile Himachal Pradesh Administrative Tribunal. In normal circumstances the records were required to be transferred by the Himachal Pradesh Administrative Tribunal within a reasonable period of six months to the Registry of this Court, however, the cases are not being transferred expeditiously in letter and spirit of the enactment. It is in these circumstances that the petitioner and similarly situate litigants are constrained to move application for summoning of the records/cases Accordingly, the Registrar General of this Registry is directed to ensure that all the applications/cases pending before the erstwhile Himachal Pradesh Administrative Tribunal are transferred to the Registry of this Court within a period of eight weeks from today as far as practical. This direction has also necessitated taking consideration the long standing pendency of the cases before the erstwhile Himachal Pradesh Administrative Tribunal. The litigants cannot be forced to approach this Court again for summoning of the records in view of the express phraseology employed in section 3 of the Act. It is the duty of the Registry to ensure due implementation of the Act with promptitude. In the light of above, the petition is disposed of. No costs. (Rajiv Sharma), March 23, 2009 Judge. *Awasthi