Allahabad High Court
Union Of India Thru. Secy. ... vs Satish Kumar Srivastava And Anr on 20 July, 2023
Bench: Rajesh Singh Chauhan, Om Prakash Shukla
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:47578-DB
Court No. - 4
Case :- WRIT - A No. - 2116 of 2022
Petitioner :- Union Of India Thru. Secy. Ministry Of Comm. Deptt. Of Posts Govt. Of India New Delhi And Ors
Respondent :- Satish Kumar Srivastava And Anr
Counsel for Petitioner :- Deepanshu Dass
Counsel for Respondent :- Ram Nath Pandey,Ram Nath Pandey,Shivendra Pratap Singh
Hon'ble Rajesh Singh Chauhan,J.
Hon'ble Om Prakash Shukla,J.
1. Heard Sri Deepanshu Dass, learned counsel for petitioners and Sri Ram Nath Pandey, learned counsel for opposite parties.
2. By means of this petition, the petitioners have prayed following reliefs:-
"(a) To issue a writ, order and direction of certiorari quashing the impugned order dated 12.10.2021 passed by the Central Administrative Tribunal, Lucknow Bench, Lucknow in Original Application No.332/00287/2021- Satish Kumar Srivastava and others Versus Union of India and others (The copy of the impugned order dated 12.10.2021 is annexed as Annexure No.1 to the petition).
(b) To issue a writ, order and direction of mandamus commanding the Opposite Parties not proceed in furtherance of the impugned order dated 12.10.2021 passed by the Central Administrative Tribunal, Lucknow Bench, Lucknow in Original Application no.332/00287/2021- Satish Kumar Srivastava and others Versus Union of India and others (The copy of the impugned order dated 12.10.2021 is annexed as Annexure No.1 to the petition)."
3. The precise contention of the learned counsel for petitioners is that on 21.09.2021 the learned Central Administrative Tribunal, Lucknow Bench, Lucknow had fixed the date for 24.11.2021 in the Original Application No.332/00287/2021: Satish Kumar Srivastava and others vs. Union of India and others but the date was preponed for 12.10.2021 without intimating the other side resultant thereof the counsel for other side could not participate in the proceedings.
4. On 21.04.2022, this Court has granted confirm stay order, which reads as under:
"Counter affidavit filed on behalf of Respondent 7 is taken on record.
Heard Sri Deepanshu Dass, learned counsel for the Petitioners and Sri Ram Nath Pandey, learned counsel for the Respondent 7.
This writ petition has been filed challenging the judgment and order dated 12.10.2021 passed by the Central Administrative Tribunal, Lucknow Bench, Lucknow.
Admit.
Issue notice to Respondents, returnable at an early date.
Steps within a week.
Learned counsel for the Petitioners has contended that after preponing the date fixed in the case, the original application filed by the Respondents was allowed by the Tribunal without affording any opportunity to the Petitioners to file their counter affidavit.
Prima facie a case for grant of interim relief is made out.
Until further orders the operation of the impugned judgment dated 12.10.2021 passed by Central Adminstrative Tribunal, Lucknow Bench, Lucknow in Original Application No.332/00287/2021 (Staish Kumar Srivastava and others vs. Union of India and other) shall remain stayed.
List after service of notice. "
5. Sri Dass, learned counsel for the petitioners has submitted that since the petitioners had not been informed about the date which was preponed and had not been afforded an opportunity of hearing or to file any counter affidavit, therefore, the order dated 12.10.2021 may be set aside and Tribunal may be directed to decide the Original Application afresh after affording an opportunity to file counter affidavit.
6. On being confronted the learned counsel for respondents, as to whether any application was filed for preponing the date from 24.11.2021 to 12.10.2021, he has submitted that no such application was filed. However, he has stated that if the order of Tribunal is set aside, the direction may be issued to expedite the proceedings.
7. Therefore, it is clear that the learned Tribunal has preponed the date from 24.11.2020 to 12.10.2021 without intimating the other side, without calling upon any counter affidavit and decided the Original Application on 12.10.2021. Therefore, the impugned order dated 12.10.2021, is not sustainable in the eyes of law.
8. Accordingly, the writ petition is allowed. The impugned order dated 12.10.2021 passed by Central Administrative Tribunal, Lucknow Bench, Lucknow in Original Application No.332/00287/2021 is hereby set aside/quashed. The O.A. No.332/00287/2021 is hereby restored in its original number. The matter is remanded back to the Central Administrative Tribunal, Lucknow Bench, Lucknow to decide the aforesaid Original Application by affording an opportunity of hearing to the parties concerned with expedition, preferably, within a period of six months. The parties shall co-operate in the proceedings and shall not take any unnecessary adjournment.
9. There will be no order as to costs.
(Om Prakash Shukla, J.) (Rajesh Singh Chauhan, J.)
Order Date :- 20.7.2023/Shubhankar
