V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Sohail Malik – Appellant
Versus
Union of India – Respondent
JUDGMENT
V. Kameswar Rao, J. (Oral)
CM APPL. 40190/2023 (for exemption)
Exemption allowed subject to all just exceptions.
Application stands disposed of.
W.P.(C) 10380/2023, CM APPL. 40189/2023
1. The challenge in this writ petition is to an order dated July 28, 2023 passed by the Central Administrative Tribunal Principal Bench, New Delhi (`Tribunal', for short) in Original Application No.2203/2023 (`OA', for short) whereby the Tribunal had rejected the prayer for interim relief made by the petitioner in the OA.
2. According to Mr. Rai, learned Senior Counsel appearing for the petitioner, the Tribunal vide its earlier order dated June 9, 2023 had granted interim relief in favour of the petitioner wherein it directed the respondent not to effect the change of Headquarters of the petitioner from Delhi to Odisha till the next date of hearing. But having directed it vide the same order directed the respondent to consider the representation made by the petitioner and pass a speaking and reasoned order; and the order having been passed on July 6, 2023, whereby the respondent had not acceded to the request of the petitioner not to change the Headquarters and on filing of fresh OA being 2203
The need for expeditious resolution of the Original Application and the directive for the Tribunal to decide the matter within a specified timeline.
Timely adjudication of pending applications
The appointment of the last selectee to the post shall be subject to the outcome of the Original Application.
A court or tribunal must decide a pending application for vacation of an interim stay before initiating or insisting upon compliance under the threat of contempt. Preemptively enforcing an interim or....
The court emphasized the importance of following the directions given by the Tribunal and the obligation of the respondents to consider the grievance as per the guidelines and in accordance with the ....
The court emphasized the importance of expeditious resolution of administrative matters and directed the Tribunal to maintain status quo with regard to the promotion to the post of Executive Engineer....
An inter-divisional transfer cannot occur while an inquiry into pending charges is ongoing, emphasizing the need for due legal consideration before such actions.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.