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DELHI HIGH COURT
JYOTI SINGH, ANOOP KUMAR MENDIRATTA
K. Rakesh Shankar Dayal – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. legal context of transfer order and interim relief. (Para 3 , 4 , 5) |
| 2. interim relief cannot be granted as final relief. (Para 6) |
| 3. consideration for time extension and salary issues. (Para 7 , 8 , 9 , 10 , 11) |
| 4. finalization of the petition and application. (Para 12 , 13) |
JUDGMENT
Jyoti Singh, J. (ORAL)
CM APPL. 28354/2022 (Exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P.(C) 9497/2022 & C.M. APPL. 28353/2022 (Stay)
3. Present writ petition has been filed assailing the order dated 25.05.2022, passed by the Central Administrative Tribunal, Principal Bench, New Delhi, in O.A. No.1301/2022.
4. The learned Tribunal vide the impugned order has declined to grant interim relief staying the operation of the transfer order dated 25.03.2022, on the ground that Petitioner stood relieved on the same day and cancellation of the transfer order as an interim relief would amount to granting a final relief in the Original Application.
5. The transfer order dated 25.03.2022, impugned before the learned Tribunal was challenged by the Petitioner much after the same had taken effect relieving the Petitioner from the current place
Interim relief in administrative matters cannot equate to granting final relief, as established by the court in this case.
The importance of the final decision being made by the Central Administrative Tribunal without being influenced by any observation made in the contempt proceedings.
The necessity for administrative actions, such as transfers, must be continually justified, and changes in circumstances can invalidate previously valid orders.
The court upheld that while transfers are necessary for administrative efficiency, they must comply with established policies regarding tenure at postings.
Quashing transfer order does not automatically invalidate disciplinary action for unauthorised absence; employee must join despite challenge absent stay – absence period regularized as qualifying ser....
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