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DELHI HIGH COURT
SANJEEV SACHDEVA, TUSHAR RAO GEDELA
Komendra Prakash Gautam – Appellant
Versus
Kendriya Vidyalaya Sangathan – Respondent
JUDGMENT
Sanjeev Sachdeva, J. (Oral)--Petitioner seeks a direction to the Central Administrative Tribunal to decide MA 3638/2021 and a further direction to respondents to pay substantive allowances and salary from September, 2021 onwards.
2. Learned counsel for petitioner submits that petitioner had filed an Original Application before the Central Administrative Tribunal being OA 2108/2021, impugning the transfer order of petitioner from Mathura to Lalitpur which, it is contended, is contrary to the guidelines by the respondents themselves.
3. Learned counsel submits that as no interim protection was granted to the petitioner, petitioner filed a writ petition being W.P. (C) 11469/2021, which was decided on 06.10.2011, directing the respondents to maintain status quo and further directing the Tribunal to take up the petition for hearing on 25.10.2021.
4. He submits that till date the petition has not been disposed of and petitioner is not being permitted to joint at the original place where the petitioner was posted i.e., Mathura and no salary is being paid to the petitioner.
5. Learned counsel for respondent submits that the status quo order passed by this Court on 06.1
The court mandates timely resolution of pending matters by administrative tribunals, emphasizing procedural efficiency and the preservation of parties' rights.
Administrative transfers cannot occur while an inquiry is pending, ensuring due process within administrative proceedings.
An inter-divisional transfer cannot occur while an inquiry into pending charges is ongoing, emphasizing the need for due legal consideration before such actions.
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.
Judicial authority must be respected; failure to comply with Tribunal orders results in administrative contempt and can have significant implications for the affected employee.
Interim relief in administrative matters cannot equate to granting final relief, as established by the court in this case.
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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