RAJIV SHAKDHER, TALWANT SINGH
Kendriya Vidyalaya Sangathan – Appellant
Versus
Komendra Prakash Gautam – Respondent
JUDGMENT
Rajiv Shakdher, J. - CM aPPL. 7980/2022
1. allowed, subject to just exceptions.
W.P.(C) 2781/2022
2. This writ petition is directed against the interim order dated 25.10.2021, as extended by orders dated 11.11.2021 and 21.12.2021, passed by the Central administrative Tribunal [in short 'the Tribunal'] in O.a. No.2108/2021.
3. We may note that, before instituting the above-captioned petition, respondent no.1 [i.e., the original applicant] had approached this court by way of another writ petition i.e., W.P.(C) No.11469/2021. at that point in time, with the consent of the counsel for the parties, the said writ petition was disposed of at the admission stage itself.
3.1. In the aforesaid writ petition, respondent no.1 had approached the court against an interlocutory order dated 27.09.2021, passed by the Tribunal in the very same O.a. i.e., O.a. No. 2108/2021.
3.2 To be noted, via the aforesaid O.a., respondent no.1 had assailed the transfer order dated 27.08.2021, passed by respondent no.2 i.e., Deputy Commissioner, KendriyaVidyalaya Sangathan (KVS), on multiple grounds.
3.3. Since no interim protection was granted by the Tribunal, respondent no.1 was aggrieved that his O.a. [i.e.,
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 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....
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 affirmed the necessity for tribunal adherence to procedural fairness and the importance of protecting applicants' rights pending substantive hearings, particularly in examination and select....
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 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 principle of lis pendens and the protection of the petitioners' rights in the reservation category influenced the court's decision to modify the impugned order of the Tribunal.
The court directed provisional participation in an interview while preserving the ability to contest eligibility, emphasizing that such permission does not confer rights pending further Tribunal acti....
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