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Kerala High Court

Union Of India vs Raghavan T on 8 July, 2021

Author: Alexander Thomas

Bench: Alexander Thomas

OP (CAT) No.33/2021                         1/3

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                            &
                       THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
         Thursday, the 8th day of July 2021 / 17th Ashadha, 1943
                         OP (CAT) NO. 33 OF 2021
       (AGAINST THE ORDER DATED 05-02-2019 IN ORIGINAL APPLICATION
     NO.980/2015 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH)
   PETITIONERS/RESPONDENTS IN O.A:
       1. UNION OF INDIA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
           REVENUE, NORTH BLOCK, NEW DELHI 110 001.
       2. DIRECTOR GENERAL, DIRECTORATE OF REVENUE INTELLIGENCE,D
          BLCOK, I.P. BHAVAN (7TH FLOOR), I.P. ESTATE, NEW DELHI
          110 002.
       3. ADDITIONAL DIRECTOR GENERAL, DIRECTORATE OF REVENUE
          INTELLIGENCE, ZONAL UNIT, NO.8(P) 2, 1ST STAGE, 3RD BLOCK,
          OPP. BDA COMPLEX, HDR LAYOUT, OPP. JSS SCHOOL, BENGALURU 560
          043.
       4. DEPUTY DIRECTOR, DIRECTORATE OF REVENUE INTELLIGENCE ,
          REGIONAL UNIT, TYAG, CHALAPURAM P.O, KOZHIKODE 673 002.
       5. PAY AND ACCOUNTS OFFICER, CENTRAL BOARD OF EXCISE AND
          CUSTOMS, AGCR BUILDING, I.P. ESTATE, NEW DELHI-110002
   RESPONDENT/APPLICANT IN O.A:
           RAGHAVAN T, S/O. LATE T. UNNI, AGED 62 YEARS, SENIOR
           INTELLIGENCE OFFICER (RETD.), DIRECTORATE OF REVENUE
           INTELLIGENCE, KEDARAM, JYOTHI NAGAR, EAST HILL P.O,
           KOZHIKODE-673005, KERALA STATE.

        OP(CAT) praying inter alia that in the circumstances stated
   in the affidavit filed along with the OP (CAT) the High Court be
   pleased to stay the operation of Ext. P6 Order in OA No.
   180/00980 of 2015 date 05-02-2019 before Central Administrative
   Tribunal, Ernakulam Bench, pending final disposal of the above
   OP(CAT), in the interest of justice.


        This petition coming on for admission on 08-07-2021 upon
   perusing the petition and the affidavit filed in support of OP
   (CAT) and upon hearing the arguments of Sri.P.VIJAYAKUMAR,
   ASGI, for the petitioners and of Sri. C.S.GOPALAKRISHNAN NAIR,
   Advocate for the respondent, the court passed the following:



   EXHIBIT P6                  TRUE COPY OF THE ORDER IN OA 180/00980/2015
                               DATED 05.02.2019 ISSUED BY THE CAT, ERNAKULAM
                               BENCH.
 OP (CAT) No.33/2021                                 2/3




              ALEXANDER THOMAS & A. BADHARUDEEN, JJ.
                       ----------------------------------------------------------------
                                        O.P (CAT) No.33 of 2021
                      [against the order dated 05.02.2019 in O.A No.180/00980/2015
                                     on the file of the CAT, EKM Bench]
                               -------------------------------------------
                                   Dated this the 08th day of July, 2021


                                                ORDER

It appears from the pleadings and materials on record that both sides have not produced any of the verdicts relied on by the Tribunal to support the reasonings in the impugned Ext.P6 order dated 05.02.2019 in O.A. No.980/2015 on the file of the Central Administrative Tribunal, Ernakulam Bench.

2. Sri.C.S. Gopalakrishnan Nair, learned counsel appearing for the sole respondent/sole applicant in the original application, would submit that to avoid any further delay his party may be permitted to produce copies of those verdicts along with a memo/statement of the counsel for the respondent.

3. Permission granted.

4. Accordingly it is ordered that the learned counsel appearing for the sole respondent in this original petition/original applicant may file a statement/memo producing therewith copies of the final order dated 15.11.2018 rendered in O.A. No.68/2015 by the Central Administrative Tribunal, Ernakulam Bench; the final order OP (CAT) No.33/2021 3/3 O.P (CAT) No.33 of 2021 2 dated 11.04.2018 in O.A. No.1707/2016 rendered by the Central Administrative Tribunal, Principal Bench, New Delhi; judgment dated 20.12.2017 rendered by the High Court of Delhi in W.P.(C) No.9357/2016, etc., within 10 days.

List on 21.07.2021 in the admission list.

Sd/-

ALEXANDER THOMAS, JUDGE Sd/-

A. BADHARUDEEN, JUDGE Skk//13072021 08-07-2021 /True Copy/ Assistant Registrar