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
| 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.
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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