Kaushal Sangwan vs Comptroller and Auditor General of India

Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content

IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, Tushar Rao Gedela, JJ.
Kaushal Sangwan - Appellant
Versus
Comptroller and Auditor General of India - Respondent
W.P.(C) 10523 of 2022, CM Appl. 30387 of 2022 & CM Appl. 30388 of 2022
Decided On : 26-07-2022

Important Points

The court underscored the importance of expedient consideration by the Tribunal in matters affecting an individual's employment status and the requirement for timely responses from the respondents.

Subject

Administrative Law - Employment and Labor

Headnote

(A) Administrative Law - Tribunal's powers - The petitioner challenged the Tribunal's order which declined to grant interim relief while issuing notice - The contention was that non-grant of interim relief would cause prejudice due to termination effective from 11.06.2022. (Paras 2-4)

(B) Tribunal Proceedings - The court directed the Tribunal to expeditiously consider the petitioner’s case regarding striking off strength and consolidate it with another pending application - Respondents to file replies in a stipulated time. (Paras 7, 12)

Facts of the case:
The petitioner sought relief from the Tribunal asserting that the lack of interim relief would result in being struck off strength, a claim contested by the respondents, citing the termination order's effect.

Findings of Court:
The court disposed of the petition, instructing swift action by the Tribunal regarding the petitioner’s case and the filing of replies by respondents.

Issues: The key issues revolved around the Tribunal's interim relief provision and the timing of the respondent's actions regarding the termination.

Ratio Decidendi: The court emphasized the necessity for an expeditious review of the petitioner’s case by the Tribunal, highlighting the significance of timely proceedings in administrative matters.

Result: Petition disposed of.

Table of Content
1. petition filed against tribunal's order. (Para 1 , 2)
2. arguments regarding interim relief and prejudice. (Para 3 , 4 , 5)
3. respondents' reply timelines set. (Para 6 , 11)
4. petition and applications disposed off. (Para 7 , 8)
5. consolidation of related original applications. (Para 9 , 10 , 12)

JUDGMENT

Sanjeev Sachdeva, J. (Oral)--Pursuant to order dated 21.07.2022, additional documents have been filed by the petitioner.

2. Petitioner impugns order dated 10.06.2022 whereby, while issuing notice, Tribunal declined to grant any interim relief to the petitioner.

3. Learned counsel for the petitioner submits that since interim relief was not granted, petitioner would be prejudiced as he is liable to be struck off strength. He submits that till date, as per his instructions, the formalities for striking off strength have not been completed by the respondents.

4. This is disputed by learned counsel for the respondents, who submits that the termination order has come into effect on 11.06.2022, and after 11.06.2022, petitioner has been struck off strength.

5. In these circumstances, learned counsel for the petitioner prays that a direction be issued to the Tribunal to expeditiously consider the case of the petitioner.

6. Learned counsel for respondents submits that he shall file his reply before the Tribunal, within three weeks.

7. In view of the above, the petition is disposed of requesting the Tribunal to expeditiously consider the case of the petitioner. Respondents shall file their reply to the Original Application before the Tribunal, within three weeks. Rejoinder thereto, if any, be filed by the petitioner before the next date of hearing of the Tribunal i.e., 22.08.2022.

8. Petition is disposed of in the above terms. The pending applications are also disposed of.

9. Learned counsel for the petitioner informs that petitioner has also filed an Original Application being O.A. No. 569/2022 impugning the action of the respondents in declining the petitioner to take the Subordinate Audit Services (`SAS') Examination. He submits that in case petitioner was to succeed in this Original Application, petitioner would still be entitled to press his O.A. No. 569/2022.

10. He further submits that the subject O.A. 1627/2022 and O.A. No. 569/2022 are listed before the same bench, however, O.A. No. 569/2022 is listed on 29.07.2022.

11. Learned counsel for respondents submits that without prejudice to the stand that the said O.A. has become infructuous, they shall file their reply to the said O.A. also on merits, within three weeks.

12. The Tribunal is directed to consolidate the proceedings of both the Original Applications and take up both of them together on 22.08.2022.

13. Order Dasti under the signatures of Court Master.