IN THE HIGH COURT OF DELHI
Rajiv Shakdher, Talwant Singh, JJ.
Neera Mehta - Appellant
Versus
Ministry of Railways - Respondent
W.P.(C) 2092 of 2022 & CM Nos. 6000-01 of 2022
Decided On : 03-02-2022
| Table of Content |
|---|
| 1. court's directive for timely hearing (Para 1 , 2 , 5) |
| 2. interlocutory order review (Para 3) |
| 3. petitioner's health impacts proceedings (Para 4) |
| 4. conclusion and order of the writ petition (Para 6) |
JUDGMENT
[Court hearing convened via video-conferencing on account of COVID-19]
Rajiv Shakdher, J. (Oral)--Issue notice.
1.1. Mr. Jagjit Singh accepts notice on behalf of the respondents.
2. Accordingly, with the consent of the learned counsel for the parties, the writ petition is taken up for hearing and final disposal, at this stage itself, based on the record presently available before the Court.
3. In effect, this writ petition is directed against an interlocutory order dated 14.12.2021, passed by the Central Administrative Tribunal [in short "the Tribunal"] in O.A.No.3495/2019 and M.A.No.1078/2020.
3.1. A perusal of the impugned order shows that the Tribunal has merely listed the matter on 22.03.2022.
4. Mr. Hemant Kumar, who appears on behalf of the petitioner, says that the petitioner has been constrained to move this Court on account of the fact that the matter is not being heard.
4.1. It is Mr. Kumar's contention that the petitioner is gravely ill and is suffering from cancer. Mr. Kumar also informs us that the matter was being heard at one stage, by a Bench comprising the then Chairperson of the Tribunal.
4.2. It is not disputed by Mr Kumar that the matter had to be listed for fresh hearing, in view of the fact that the then Chairperson had demitted office.
5. Given the aforesaid position, learned counsel for the parties are directed to appear before the concerned Bench of the Tribunal on 22.03.2022. The concerned Bench is requested to take up the matter for hearing on the said date or immediately thereafter.
5.1. Mr. Singh assures the Court that he will extend full cooperation in having the matter adjudicated upon.
6. The writ petition is disposed of, in the aforesaid terms. Consequently, pending applications shall also stand closed.
Timely adjudication is essential in legal matters, particularly for litigants with serious health concerns, and courts should ensure expedited hearings.
The court cannot interfere with pending tribunal matters and emphasizes timely adjudication by the administrative tribunal.
The court mandates the Tribunal to address pending applications promptly to ensure effective relief and maintain status quo for affected parties.
The court emphasized that dismissing a case without merit-based reasoning is improper, necessitating remand for a fresh adjudication.
A decision must be rendered by the same individuals who heard a case to ensure procedural fairness and consistency in adjudication.
Compliance with the Central Administrative Tribunal's directions is essential, ensuring procedural fairness in administrative decisions involving multiple affected parties.
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....
The court emphasized adherence to judicial precedents in administrative inquiries and recognized a respondent's right to pursue legal remedies following inquiry conclusions.
The court established that procedural integrity must be maintained in administrative hearings, emphasizing that all parties should be adequately notified and heard on issues regarding the reopening o....
Administrative transfers cannot occur while an inquiry is pending, ensuring due process within administrative proceedings.
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