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DELHI HIGH COURT
SANJEEV SACHDEVA, TUSHAR RAO GEDELA
Kaushal Sangwan – Appellant
Versus
Comptroller and Auditor General of India – Respondent
| 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 Tribu
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.
The court determined that procedural orders of the Tribunal seeking clarifications are not appealable and do not warrant immediate intervention by the High Court.
A petition can be deemed infructuous if the circumstances underlying the case have materially changed, affecting the necessity of the judicial intervention.
Interim orders impacting financial recovery must be addressed expeditiously by the Tribunal, with no merit considerations made at this stage.
Judicial review limits interim relief before a successful original application; emphasis placed on the need for expeditious handling of pending cases.
The Court emphasized the importance of expediting administrative proceedings and maintaining interim protection during the decision-making process of recruitment disputes.
The court emphasized the modification of interim relief and the commitment to facilitate employment without addressing merits.
The right to a timely hearing is fundamental, especially in cases of termination, and courts should ensure expedited proceedings.
The court upheld the interim protection against a demolition order, ensuring the Appellate Tribunal considers appeals without bias from the High Court's order.
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