DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
Sravan Bagaria – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. court's order procedures and tribunal's interim order (Para 1) |
| 2. final order and remanding to tribunal for decision (Para 2 , 3 , 4 , 5 , 6) |
JUDGMENT
[Physical Court Hearing/Hybrid Hearing (as per request]
Rajiv Shakdher, J. (Oral)--Pursuant to our last order dated 21.01.2022, Mr Vikram Jetly, who appears on behalf of respondent nos.1 and 2/UOI, has reverted with instructions.
1.1. Mr Jetly says that he would have no objection, if the matter is remanded to the Central Administrative Tribunal [in short "the Tribunal"] for a decision on merits.
1.2. For the purposes of convenience and completeness, the order dated 21.01.2022 is extracted hereafter:
"1. This writ petition is directed against an interlocutory order dated 24.12.2021, passed by the Central Administrative Tribunal [in short, the "Tribunal"] in OA No.2978/2021.
1.1. Concededly, the aforesaid order is passed qua the interim relief that the petitioners had sought in the O.A.
1.2. A perusal of the impugned order shows that, in the first instance i.e., on 22.12.2021, the Tribunal had directed maintenance of status quo vis-a-vis the petitioners. This order was, however, vacated, via the impugned order.
1.3.
The court emphasized the necessity for the Tribunal to conduct a thorough evaluation of legal principles and factual context before vacating interim orders affecting civil service officers' postings.
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.
Administrative transfers cannot occur while an inquiry is pending, ensuring due process within administrative proceedings.
The court mandates the Tribunal to address pending applications promptly to ensure effective relief and maintain status quo for affected parties.
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....
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.
An inter-divisional transfer cannot occur while an inquiry into pending charges is ongoing, emphasizing the need for due legal consideration before such actions.
Court requires substantiated grounds for denying inter-cadre transfer requests based on officer shortages, aligning with administrative rules.
A government employee cannot claim an automatic right to an interim stay against a transfer order within the same headquarters without demonstrating specific hardship or prejudice to service conditio....
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