Union Of India And 4 Ors. vs Haridwar And 2 Ors.
2016 Latest Caselaw 7456 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 
Case :- WRIT - A No. - 58156 of 2016
 
Petitioner :- Union Of India And 4 Ors.
 
Respondent :- Haridwar And 2 Ors.
 
Counsel for Petitioner :- Dhirendra Kumar Dwivedi
 

 
Hon'ble Dilip Gupta,J.

Hon'ble Abhai Kumar,J.

This petition seeks the quashing of the interim order dated 2 November 2015, by which the Central Administrative Tribunal, Allahabad stayed the operation of the order dated 8 October 2015 impugned before it that cancelled the appointment of respondent no.1 as GDS-BPM and, accordingly, the services were also terminated. A further direction has been issued to the respondents to allow the applicant before the Tribunal to work on the post on which he was working.

Learned counsel for the petitioners has submitted that once the appointment of all the persons had been cancelled as major irregularities were found, no opportunity was required to be given. It is also his contention that in any view of the matter, the Tribunal should not have passed the interim order staying the cancellation of the appointment and the termination order as it results in finally allowing the application at the interim stage.

Prima facie, the contention appears to have force.

Issue notice to respondent no.1 by registered post. Steps may be taken within a week.

Connect with Writ-A No.26411 of 2016 and list on the date fixed.

In the meantime, the respondent may file the counter affidavit in three weeks. Rejoinder affidavit, if any, may be filed within one week thereafter.

In view of the submissions advanced by learned counsel for the petitioner, the operation of the order dated 2 November 2015 shall remain stayed till the next date of listing. However, it is clarified that the proceedings before the Tribunal have not been stayed and the Tribunal shall make all endeavour to conclude the proceedings expeditiously.

(Abhai Kumar, J.)        (Dilip Gupta, J.)

Order Date :- 8.12.2016

Ajeet