Delhi High Court
Dr. Neera Vyas vs Ministry Of Ayush & Ors. on 27 July, 2020
#3
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On: 27.07.2020
W.P.(C) 4543/2020, CM APPL. 16413/2020 & CM APPL.
16414/2020
DR. NEERA VYAS .....Petitioner
versus
MINISTRY OF AYUSH & ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Sagar Saxena, Advocate
For the Respondents : Ms. Archana Gaur and Ms. Rupali Kapoor,
Advocates for R-1
Mr. S. N. Verma, Advocate for R-3
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE TALWANT SINGH
JUDGMENT
SIDDHARTH MRIDUL, J. (via Video Conferencing)
The present matter has been taken up for hearing by way of
Video Conferencing on account of COVID-19 pandemic.
CM APPL.16416/2020 (Exemption)
Exemption allowed, subject to all just exceptions.
The application is disposed of accordingly.
CM APPL.16415/2020 (Exemption)
The present application under Section 151 of the Code of Civil
Procedure, 1908 has been filed on behalf of the applicant/petitioner
seeking exemption from filing the certified copy of the impugned
order 15.072020, typed copies of dim annexure, duly
attested/notarized affidavits in support of the accompanying petition as
well as applications and to pay the requisite court fees.
For the reasons stated in the application and in view of the
present prevailing situation, the same is allowed. The
applicant/petitioner is allowed to file the duly signed, attested and
notarized affidavits within a period of one week from the date of
resumption of regular functioning of the Court. Further, the
applicant/petitioner is allowed to file the requisite court fee within a
period of 72 hours from the date of resumption of regular functioning
of the Court. The applicant/petitioner is also granted exemption from
filing the certified copy of the impugned order 15.072020 and typed
copies of dim annexure, subject to all just exceptions.
The application is disposed of accordingly.
W.P.(C) 4543/2020
1. The present writ petition under Articles 226 and 227 of the
Constitution of India, assails an interlocutory order dated 15.07.2020,
passed by the learned Central Administrative Tribunal, Principal
Bench, New Delhi (hereinafter referred to as the 'CAT'), in M.A. No.
1105/2020 in O.A. No.904/2019.
2. After some arguments and in view of the circumstance that, the
Original Application instituted on behalf of the petitioner, is still
pending adjudication before the CAT, counsel appearing on behalf of
the petitioner limits the relief in the present petition to a direction to
the CAT to determine the O.A. No.904/2019, instituted by him and
pending adjudication, as expeditiously as, possible.
3. Issue notice.
4. Counsel as above, accept notice on behalf of the respondents.
5. Having heard learned counsel appearing on behalf of the parties
and perused the impugned order dated 15.07.2020, in the backdrop of
the instant writ petition; the only course that commends itself to us, is
to request the CAT, to expedite the hearing of the subject O.A.
No.904/2019, upon an appropriate application for early hearing being
instituted by the petitioner herein in this behalf, before the CAT; and
to adjudicate the O.A. itself, preferably within a period of three
months, from the first date of hearing of the said application for early
hearing.
6. No further directions are called for.
7. With the above directions, the writ petition is disposed of. The
pending applications also stand disposed of.
8. A copy of this judgment be sent to the Principal Registrar, CAT
for necessary information and compliance and also be uploaded on the
website of this Court forthwith.
SIDDHARTH MRIDUL
(JUDGE)
TALWANT SINGH
(JUDGE)
JULY 27, 2020
dn/as
