Swaraj Chillar vs Ministry Of Railways And Anr
2021 Latest Caselaw 3616 Del

$~17 (2021)
*     IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                               Date of decision: 23.12.2021
+      W.P.(C) 14888/2021, CM Nos. 47055-57/2021

       SWARAJ CHILLAR                                     ..... Petitioner
                    Through:             Mr Manjeet Singh Reen, Adv.

                           versus

    MINISTRY OF RAILWAYS AND ANR              ..... Respondents
                  Through : Mr Jagjit Singh, Mr Preet Singh and
                            Mr Vipin Chaudhary, Advs.
CORAM:
HON'BLE MR JUSTICE RAJIV SHAKDHER
HON'BLE MR JUSTICE TALWANT SINGH
              [Physical Hearing/Hybrid Hearing (as per request)]

RAJIV SHAKDHER, J.: (ORAL)

1.     Issue notice.
1.1.   Mr Jagjit Singh accepts notice on behalf of the respondents.
2.     With the consent of the counsel for the parties, the writ petition is
taken up for hearing and final disposal, at this stage itself.
3.     The writ petition is directed against the order dated 26.11.2021,
passed by the Central Administrative Tribunal [in short "the Tribunal"] in
O.A. No.2643/2021.
3.1.   Mr Manjeet Singh Reen, who appears on behalf of the petitioner [i.e.,
the original applicant], says that the petitioner is aggrieved by the fact that
neither the main matter nor his interim application, preferred in the main
matter, has not been disposed of by the Tribunal.
W.P.(C) 14888/2021                                                       1/3
 3.3.   According to the counsel for the petitioner, twice opportunity has
been given to the respondents, to file a reply to the interim application, filed
on behalf of the petitioner.
3.4.   We are informed that the matter was listed on 15.12.2021, which is,
the date adverted to in the impugned order. We are told that the matter has,
once again, been adjourned to 07.01.2022.
4.     To be noted, even according to the counsel for the petitioner, a charge
sheet dated 18.02.2021 has been served on the petitioner.
4.1.   The respondents intend to effect inter-divisional transfer, vis-à-vis the
petitioner. Pertinently, if this intention is given effect to, the petitioner
would be required to move from Delhi to Ambala Division; this aspect, inter
alia, is referred to in order dated 08.10.2021, passed by the respondents
[post a direction issued by the Tribunal, vide order dated 13.04.2021, in OA
No. 830/2021].
4.2.   According to the petitioner, inter-divisional transfer cannot take place
while the charge is being enquired into, by the respondents. This is a legal
aspect which the Tribunal will surely consider, while dealing with the O.A.
and the interlocutory application, filed by the petitioner.
5.     The writ petition is disposed of, with a request to the Tribunal to take
up the main matter or at least the interlocutory application on 07.01.2022.
6.     In the interregnum, respondents will not take any precipitate steps
against the petitioner.
7.     Consequently, pending applications shall stand closed.

W.P.(C) 14888/2021                                                       2/3
 8.       Parties will act based on the digitally signed copy of the order passed
today.



                                                      RAJIV SHAKDHER, J.

TALWANT SINGH, J. DECEMBER 23, 2021 nk Click here to check corrigendum, if any

W.P.(C) 14888/2021 3/3