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RAJIV SHAKDHER, TALWANT SINGH
Rajesh Kumar Dahiya – Appellant
Versus
Ministry Of Railways – Respondent
JUDGMENT
Rajiv Shakdher, J. - Issue notice.
1.1. Mr Jagjit Singh accepts notice on behalf of the respondents.
2. With the consent of the counsel for the parties, the writ petition is taken up for hearing and final disposal, at this stage itself.
3. The writ petition is directed against the order dated 26.11.2021, passed by the Central Administrative Tribunal [in short “the Tribunal”] in O.A. No.2644/2021.
3.1. Mr Manjeet Singh Reen, who appears on behalf of the petitioner [i.e., the original applicant], says that the petitioner is aggrieved by the fact that neither the main matter nor his interim application, preferred in the main matter, has not been disposed of by the Tribunal.
3.3. According to the counsel for the petitioner, twice opportunity has been given to the respondents, to file a reply to the interim application, filed on behalf of the petitioner.
3.4. We are informed that the matter was listed on 15.12.2021, which is, the date adverted to in the impugned order. We are told that the matter has, once again, been adjourned to 07.01.2022.
4. To be noted, even according to the counsel for the petitioner, a charge sheet dated 18.02.2021 has been served on the petitioner.
4.1. The res
The court emphasized the importance of timely disposal of matters by the Tribunal and considered the legal aspect of inter-divisional transfer while a charge is being enquired into.
The court emphasized the importance of prompt consideration of the main matter or interim application by the Tribunal and instructed the respondents to refrain from taking any hasty actions against t....
Administrative transfers cannot occur while an inquiry is pending, ensuring due process within administrative proceedings.
An inter-divisional transfer cannot occur while an inquiry into pending charges is ongoing, emphasizing the need for due legal consideration before such actions.
The main legal point established in the judgment is the court's authority to direct the Tribunal to address the lack of interim protection in the previous interim order.
The court mandates the Tribunal to address pending applications promptly to ensure effective relief and maintain status quo for affected parties.
The Court upheld the need to maintain status quo on a transfer order pending the Tribunal's examination, ensuring the petitioner's rights are preserved until a decision is made.
The court mandates timely resolution of pending matters by administrative tribunals, emphasizing procedural efficiency and the preservation of parties' rights.
The court emphasized the necessity for the Tribunal to conduct a thorough evaluation of legal principles and factual context before vacating interim orders affecting civil service officers' postings.
The Chairman of the CAT must consider the jurisdictional rights of employees and the administrative nature of transfer powers under the Central Administrative Act.
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