Gujarat High Court
Union Of India vs Hiteshkumar S/O Hasmukhrai Mehta on 2 April, 2025
Author: Umesh A. Trivedi
Bench: Umesh A. Trivedi
NEUTRAL CITATION
C/SCA/1516/2020 JUDGMENT DATED: 02/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1516 of 2020
With
CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2022
In R/SPECIAL CIVIL APPLICATION NO. 1516 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
and
HONOURABLE MR. JUSTICE CHEEKATI
MANAVENDRANATH ROY
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Approved for Reporting Yes No
✔
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UNION OF INDIA & ORS.
Versus
HITESHKUMAR S/O HASMUKHRAI MEHTA
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Appearance:
MR HARSHEEL D SHUKLA(6158) for the Petitioner(s) No.
1,2,3,4
MR MS TRIVEDI(939) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
and
HONOURABLE MR. JUSTICE CHEEKATI
MANAVENDRANATH ROY
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NEUTRAL CITATION
C/SCA/1516/2020 JUDGMENT DATED: 02/04/2025
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Date : 02/04/2025
ORAL JUDGMENT
(PER : HONOURABLE MR. JUSTICE UMESH A. TRIVEDI)
1. This petition is field by the petitioners challenging interim
order dated 22.02.2018 passed by the Central Administrative
Tribunal, Ahmedabad Bench, Ahmedabad (herein after referred to
as "the Tribunal") in Misc. Application No. 120/72/2018 in
Original Application No. 120/359/2017, whereby, during the
pendency of the Misc. application and before the returnable date in it
comes, ex parte interim order, as prayed for by the original applicant
therein, came to be granted staying the departmental inquiry until
criminal case is complete.
2. Rule, returnable forthwith. Mr. M. S. Trivedi, learned
advocate for the respondent waives service of notice of Rule.
Considering the controversy involved in the matter, with the consent
of learned advocates appearing for both the sides, the matter is taken
up for final hearing today.
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3. Heard, Mr. Harsheel D. Shukla, learned Central Government
Standing Counsel for the petitioners. According to his submission,
though in Misc. Application in question, notice came to be issued by
"the Tribunal" on 24.01.2018, making it returnable on 06.03.2018,
"the Tribunal", despite being conscious of it, on an interim prayer
being made, an ex parte interim order passed on 22.02.2018, which
was never granted in original application or while issuing notice in
Misc. Application, that too, at an interim stage, without hearing the
petitioners.
3.1 He has further submitted that conducting departmental inquiry
simultaneously along with the criminal prosecution, may be based
on same facts, would be permissible and ignoring the same, interim
order is passed staying the departmental proceedings till the
conclusion of criminal case, that too, by way of an interim order, as
aforesaid, by way of interim prayer in Misc. Application, before
returnable date comes. Therefore, he submitted that the impugned
order is required to be interfered with.
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4. As against that, Mr. M. S. Trivedi, learned advocate for the
respondent vehemently submitted that this petition is filed against an
interim order, which is not maintainable. He has further submitted
that though Misc. Application is still pending, the petitioners have
neither made any application for vacating the interim relief or
modifying the same. Therefore, he submitted that this petition may
not be entertained.
4.1 He has further submitted that since criminal case has reached
at fag end and the Investigating Officer in the criminal case is going
to be cross-examined on 09.04.2025, this relief may be continued
further, till the conclusion of the criminal trial against the respondent
and therefore, he submitted that this petition is required to be
rejected or deferred till Original Application is finally decided,
which is also ripe for hearing.
5. Having heard the learned advocates for the respective parties
appearing and going through the impugned order as also the
documents annexed with the petition, we are surprised to know that
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despite only notice, consciously issued in the Misc. Application,
making it returnable on 06.03.2018, an interim relief prayed for, that
too, before the returnable date and it came to be granted ex parte.
Though, "the Tribunal" is conscious while recording the order
impugned to the extent that present petitioners are unaware of listing
of Misc. Application on that day i.e. 22.02.2018, still it went on
granting ex parte interim order, which was not granted while issuing
notice in the Misc. Application. Not only that, once no interim relief
was granted while issuing notice, at least "the Tribunal" should have
restrained itself form entertaining any such prayer for grant of
interim relief, till the returnable date. Though, that Misc.
Application is kept pending directing it to be listed on the returnable
date, it is only kept for the purpose to show that it is still pending,
otherwise, interim relief is already granted without hearing.
5.1 The contention that the petitioners have not applied either for
vacating or modifying the interim relief granted by "the Tribunal"
before it, this petition should not be entertained, is required to be
rejected for the reason that there was no need to entertain such a
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prayer when notice came to be issued without grant of any ad-
interim relief, till the returnable date i.e. 06.03.2018. There was no
occasion or necessity for passing such an order, that too, interim in
nature, without hearing the petitioners when notice already came to
be issued.
5.2 Though, this petition is filed against an interim order, in the
peculiar facts, as aforesaid, we would entertain the present petition
even against an interim order when "the Tribunal" has entertained
the prayer for interim relief despite notice issued and without
waiting for the returnable date to come and taking up the matter on
22.02.2018 and granted the interim relief in the nature of final relief,
and instead of disposing of the said Misc. Application, kept it
pending to make a show that it is still pending.
6. In that view of the matter, this petition is allowed. The
impugned order dated 22.02.2018 passed by the Central
Administrative Tribunal, Ahmedabad Bench, Ahmedabad in Misc.
Application No. 120/72/2018 in Original Application No.
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120/359/2017 is hereby quashed and set aside. Rule is made
absolute, accordingly.
6.1 Connected civil application stands disposed of.
[ Umesh A. Trivedi, J. ]
[ Cheekati Manavendranath Roy, J. ]
hiren/5tss2425
