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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




Timely adjudication is essential in legal matters, particularly for litigants with serious health concerns, and courts should ensure expedited hearings.

Headnote:(A) Central Administrative Tribunal Act, 1985 - Interlocutory orders - Writ petition challenging an interlocutory order having been listed for final hearing - Tribunal merely listed the matter for hearing on a future date - Petitioner, suffering from cancer, seeks expeditious hearing - Court directs the Tribunal to ensure timely adjudication. (Paras 3-5)

(B) Judicial efficiency - Importance of timely hearings for matters concerning seriously ill litigants emphasized - Cooperation of parties mandated for expedient resolution. (Paras 4.1, 5.1)

Facts of the case:
The matter arises from an interlocutory order of the Tribunal dated 14.12.2021, which scheduled a hearing without further progress, prompting the petitioner to move the High Court due to health concerns related to cancer.

Findings of Court:
The Court emphasized the need for the Tribunal to hear the matter on 22.03.2022 or immediately afterward, given the petitioner's illness and the prior hearing's interruption due to the former Chairperson of the Tribunal demitting office.

Issues: The main issues involve the delay in hearing the case affecting a gravely ill petitioner and the Tribunal's handling of the matter's scheduling.

Ratio Decidendi: The court ruled that timely adjudication is critical, especially in cases involving serious health issues, and directed the Tribunal to prioritize the hearing.

Result: Writ petition disposed of with directions to the Tribunal.

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.

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