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DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
Kendriya Vidyalaya Sangathan – Appellant
Versus
Komendra Prakash Gautam – Respondent
| Table of Content |
|---|
| 1. challenge to the tribunal's interim order (Para 2 , 3) |
| 2. petitioner's argument regarding status quo (Para 4 , 5) |
| 3. court's procedural directions to the tribunal (Para 7 , 8) |
| 4. final disposal of the writ petition (Para 9 , 10) |
JUDGMENT
[Court hearing convened via video-conferencing on account of COVID-19]
Rajiv Shakdher, J. (ORAL):-
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
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 cannot interfere with pending tribunal matters and emphasizes timely adjudication by the administrative tribunal.
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....
Timely adjudication is essential in legal matters, particularly for litigants with serious health concerns, and courts should ensure expedited hearings.
The court emphasized that dismissing a case without merit-based reasoning is improper, necessitating remand for a fresh adjudication.
Administrative transfers cannot occur while an inquiry is pending, ensuring due process within administrative proceedings.
A decision must be rendered by the same individuals who heard a case to ensure procedural fairness and consistency in adjudication.
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 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....
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