Allahabad High Court
Vijay Dwivedi vs Union Of India And 4 Others on 15 June, 2021
Bench: Sanjay Yadav, Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Chief Justice's Court Case :- WRIT - A No. - 5923 of 2021 Petitioner :- Vijay Dwivedi Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Dinesh Kumar Pandey,Durgesh Kumar Tripathi,Sr. Advocate Shri Shailendra Counsel for Respondent :- Vivek Kumar Rai Hon'ble Sanjay Yadav,Chief Justice Hon'ble Prakash Padia,J.
Matter is taken up through video conferencing.
This petition under Article 226 of the Constitution of India is directed against the interim order dated 19.03.2021 passed by Central Administrative Tribunal, Allahabad Bench, Allahabad whereby the interim relief sought by the petitioner for stay of operation of impugned order dated 15.05.2019 whereby the Chief Medical Superintendent, North Central Railway, Allahabad has declared the petitioner unfit for the category A-1 posts, has been declined.
Admittedly the Original Application is pending consideration on merits. The only apprehension raised by the petitioner is that since the interim order is an exhaustive order, whereby the Tribunal has exhaustively dwelt on merit of the matter, there is every likelihood that while deciding the original application on merits, the tribunal will be influenced with the findings which they have recorded while deciding the interim application.
In our considered opinion, since the matter is still pending consideration on merits, we dispose of this petition with a direction to the tribunal to hear and decide the Original Application on its own merits without being influenced with finding recorded in the interim order.
Let the Original Application be decide expeditiously however not later than six months from the date of communication of this order.
The petition finally disposed of in the above terms.
Order Date :- 15.6.2021/saqlain
(Prakash Padia, J.) (Sanjay Yadav,C.J.)