Gujarat High Court
Union Of India vs Dn Kar on 22 June, 1999
Bench: C.K.Thakker, C.K.Buch
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No 4002 of 1999
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UNION OF INDIA
Versus
DN KAR
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Appearance:
MR KN RAVAL, ADDL. SOLICITOR GENERAL OF INDIA
FOR MR MANISH R BHATT for Petitioners
MR S TRIPATHY for Respondent No. 1
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CORAM : MR.JUSTICE C.K.THAKKER and
MR.JUSTICE C.K.BUCH
Date of Order: 22/06/1999
ORAL ORDER
Notice returnable on 23rd November, 1999. Mr. S.Tripathy, learned counsel appears and waives service of notice for the respondent.
We have heard the parties on interim relief. Mr. Raval, learned Addl. Solicitor General of India for Mr. Bhatt prays for interim relief in terms of para-19(C) which reads as under:-
"19. The petitioners, therefore pray :-
(a) xxx xxxx xxxxx xxx
(b) xxx xxxx xxxxx xxx
(c) that pending the hearing and final disposal of this petition, this Hon'ble Court may be pleased to stay the effect and operation of the order dated 25.11.1998 passed by the Central Administrative Tribunal, Ahmedabad Bench in O.A. No. 359/97.
(d) xxx xxxx xxxxx xxx "
Mr. Tripathy strongly objects to grant of interim relief. Central Administrative Tribunal, Ahmedabad Bench, (hereinafter referred to as the "CAT") in the operative part of the order directed as under :-
" After discussion at the Bar, Mr. Tripathy states that the applicant will be satisfied at this stage, if the directions are given to the respondents to effectively complete thee fourth cadre review, which is already under consideration by them within the certain time-limit .It appears to be a reasonable request. Accordingly, we feel that directions can be issued to the respondents to complete the cadre review in respect of Indian Revenue Service, Group "A", which is already under consideration by them as expeditiously as possible and in case not later than within four months from the date of receipt of a copy of this order."
It was stated at the Bar that contempt proceedings have been initiated and the matter is pending before CAT on 24th June, 1999.
In the facts and circumstances of the case, we are of the view that it is not necessary to grant interim relief at this stage in terms of para-19(c) as referred to above. The said question will be decided on the returnable date of notice. So far as contempt proceedings are concerned, CAT will not proceed till the hearing of Special Civil Application by this Court. It is, however, expected that since stay is not granted, the authority will proceed to take appropriate decision in pursuance of the order passed by CAT. That is, however, without prejudice to the rights and contentions of parties when the matter will be taken up for hearing on the returnable date viz. on 23rd November, 1999.
22.06.1999 [ C.K. THAKKAR, J ] [ C.K. BUCH, J ] *rawal