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DELHI HIGH COURT
RAJIV SHAKDHER, JASMEET SINGH
Shakti Singh Arya – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. writ petition addresses cadre allocation issues in ews. (Para 2) |
| 2. court decides to hear petition without counter-affidavit. (Para 3 , 4 , 5) |
| 3. concerns raised about tribunal's interim relief decisions. (Para 6 , 7) |
| 4. cadre allocation subject to final outcome in oa. (Para 8) |
| 5. pending application is closed. (Para 9) |
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
CM No.12108/2022
1. Allowed, subject to just exceptions.
W.P.(C) 4069/2022 & CM No.12107/2022[Application filed on behalf of the petitioners seeking interim relief]
2. This writ petition is directed against an interlocutory order dated 28.02.2022, passed by the Central Administrative Tribunal [in short "the Tribunal"] in OA No.2793/2021.
3. Issue notice.
3.1. Ms Beenashaw N. Soni accepts notice on behalf of the respondents/UOI.
4. In view of the directions that we propose to pass, according to us, no counter-affidavit is required.
5. Accordingly, with the consent of the counsel for the parties, the writ petition is taken up for hearing and final disposal, at this stage itself.
6. Mr Arun Khatri, who appears on behalf of the petitioners, says that the Trib
Interim relief in administrative matters must be accompanied by clear reasoning; actions taken during a legal proceeding must respect the principle of lis pendens.
The principle of lis pendens and the protection of the petitioners' rights in the reservation category influenced the court's decision to modify the impugned order of the Tribunal.
Administrative transfers cannot occur while an inquiry is pending, ensuring due process within administrative proceedings.
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 affirmed the necessity for the Tribunal to examine recruitment practices as per the ESIC Act, particularly the conflict between promotee appointments and direct recruitment for the Lab Assi....
The court directed provisional participation in an interview while preserving the ability to contest eligibility, emphasizing that such permission does not confer rights pending further Tribunal acti....
Judicial intervention in cadre allocation is limited; rectifications post long delays can destabilize existing management unless egregious errors are proven.
A candidate's right to amend their application for an examination category is upheld, emphasizing the importance of allowing necessary changes where procedural opportunities exist.
Provisional participation in interview pending fresh action before the Tribunal
An inter-divisional transfer cannot occur while an inquiry into pending charges is ongoing, emphasizing the need for due legal consideration before such actions.
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