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IN THE HIGH COURT OF DELHI
Rajiv Shakdher, Talwant Singh, JJ.
P. Balaji - Appellant
Versus
Union of India - Respondent
W.P.(C) 636 of 2022 & CM Appl. 1832 of 2022
Decided On : 11-01-2022




The court cannot interfere with pending tribunal matters and emphasizes timely adjudication by the administrative tribunal.

Headnote:(A) Administrative Tribunal Act, 1985 - The court addressed the delay in hearing a petition regarding an application before the Central Administrative Tribunal. (Paras 1-4)

(B) Judicial Review - The court refrains from interfering in matters pending before the Tribunal and requests timely hearing. (Paras 3.1-3.2)

Facts of the case:
The petitioner contended that his application and interim directions were not being heard by the Tribunal. The Tribunal scheduled a hearing for 20.01.2022.

Findings of Court:
The writ petition was disposed of without hearing the merits, instructing the Tribunal to address the interlocutory application.

Issues: The primary issue was whether the writ petition should be entertained given that the matter was scheduled for hearing.

Ratio Decidendi: The court emphasized the importance of allowing the Tribunal to adjudicate the matter, retaining the merits for determination at that level.

Result: Writ petition disposed of.

Table of Content
1. petitioner claims inaction by tribunal. (Para 1)
2. pending listing of the application before tribunal. (Para 2)
3. writ petition not entertained; tribunal to decide. (Para 3)
4. directions given subject to tribunal's outcome. (Para 4)

JUDGMENT

[Court hearing convened via video-conferencing on account of COVID-19]

Rajiv Shakdher, J. (ORAL):--This is a writ petition, which, in effect, articulates the grievance of the petitioner that neither his original application i.e., OA No.1458/2021 nor the miscellaneous application (in short "MA") preferred by him for interim directions is being heard by the Central Administrative Tribunal (in short, "the Tribunal").

2. On being queried, Mr Abhay K. Behera, learned senior counsel, who appears for the petitioner, informs us that OA No.1458/2021, along with the aforementioned M.A., is listed before the Tribunal on 20.01.2022.

3. Given this position, we are not inclined to entertain the writ petition, at this juncture.

3.1. The concerned bench of the Tribunal is requested to take up the matter on the given date, and if nothing else, pass an order in the aforementioned interlocutory application, after hearing all concerned.

3.2. The writ petition is disposed of in the aforesaid terms.

3.3. The parties will act on the digitally signed copy of this order.

4. Needless to add, any steps taken hereinafter by the official respondents will be subject to the final outcome in the matter which is pending before the tribunal. It is, however, made clear that the directions issued by us will not have any impact on the merits of the case.

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