S Unnikrishnan Nair vs The Union Of India
2022 Latest Caselaw 5006 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
                               &
           THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
   WEDNESDAY, THE 4TH DAY OF MAY 2022 / 14TH VAISAKHA, 1944
                    OP (CAT) NO. 27 OF 2022
    AGAINST THE ORDER DATED 17/03/2022 IN OA NO.656/2021 OF
        CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS:

    1     S UNNIKRISHNAN NAIR
          AGED 54 YEARS
          S/O.SIVARAMAN NAIR,
          INSPECTOR OF POLICE,
          CENTRAL BUREAU OF INVESTIGATION (SCB),
          RESIDING AT LAVANYA,
          CHAVADI NADA, VENGANOOR,
          THIRUVANANTHAPURAM -695523
    2     KK RAJAN
          AGED 59 YEARS
          S/O KP KUMARAN PANICKAR, INSPECTOR OF POLICE,
          CENTRAL BUREAU OF INVESTIGATION (SCB),
          RESIDING AT KAILASAM, GURUDEV NAGAR,
          AYATHIL PO,
          KOLLAM, PIN - 691017
          BY ADV.
          ELIZEBATH GEORGE


RESPONDENTS:

    1     THE UNION OF INDIA
          REPRESENTED BY THE SECRETARY,
          DEPARTMENT OF PERSONAL AND TRAINING,
          NEW DELHI, PIN - 110011
    2     THE DIRECTOR
          CENTRAL BUREAU OF INVESTIGATIONS,
          CGO COMPLEX, LOUDHI ROAD,
          NEWDELHI, PIN - 110003
    3     THE JOINT DIRECTOR (ADMINISTRATION)
          CGO COMPLEX, LOUDHI ROAD,
          NEWDELHI, PIN - 110003
    4     THE DEPUTY DIRECTOR (ADMINISTRATION),
          CGO COMPLEX, LOUDHI ROAD,
          NEWDELHI, PIN - 110003
                                    2
O.P(CAT) No.27 of 2022


     5      SUPERINTENDENT OF POLICE
            CENTRAL BUREAU OF INVESTIGATIONS,
            THIRUVANANTHAPURAM, PIN - 695001
            BY ADVS.
            SRI.MANU.S, CGC
            MANU S. ASG OF INDIA

            MABLE C. KURIAN - GP

     THIS OP (CAT) HAVING COME UP FOR ADMISSION ON
04.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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O.P(CAT) No.27 of 2022


                         JUDGMENT

Devan Ramachandran, J

Even though there are various assertions, allegations

and averments made and urged in this original petition, when

this matter was called today, we noticed that the challenge of

the petitioner is against an interim order of the learned

Central Administrative Tribunal (CAT).

2. The learned CAT appears to have rejected the

request of the petitioners only for the reason that the grant of

an interim order would tantamount to allowing the Original

Application itself. We do not find any error in that, though the

legal questions have not gripped our mind in these

proceedings, it being unnecessary for us to do so.

3. We are, however, of the firm view that the Original

Application must be endeavoured to be disposed of by the

learned CAT at the earliest.

Resultantly, we close this original petition; however, with

a direction to the learned CAT to dispose of Original

Application No.6 of 2021 as expeditiously as possible, but not

O.P(CAT) No.27 of 2022

later than three months from the date of receipt of a certified

copy of this judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Sd/-

P.G. AJITHKUMAR JUDGE PV

O.P(CAT) No.27 of 2022

APPENDIX OF OP (CAT) 27/2022

PETITIONER'S EXHIBITS Exhibit P1 COPY OF THE ORDER DATED 31/05/2019 OF THE 2ND RESPONDENT TO THE PETITIONER 1 Exhibit P2 COPY OF THE ORDER DATED 31/05/2019 OF THE 2ND RESPONDENT TO THE PETITIONER 2 Exhibit P3 TRUE COPY OF THE OA NO.656/2021 Exhibit P4 TRUE COPY OF THE IMPUGNED ORDER DATED 17/03/2022 IN MA NO. 180/00656/2021 IN OA NO. 656/2021 ON THE FILE OF CAT, ERNAKULAM BENCH Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 01/07/2013 IN OP(CAT) NO.2314/2012 Exhibit P6 TRUE COPY OF THE ORDER DATED 29/11/2016 OF THE 2ND RESPONDENT TO THE PETITIONER NO 1 Exhibit P7 TRUE COPY OF THE ORDER DATED 29/11/2016 OF THE 2ND RESPONDENT TO THE PETITIONER NO 2