Hon'ble Attau Rahman Masoodi,J.
Notice on behalf of opposite party no. 2 has been accepted by the Office of Assistant Solicitor General of India whereas notice on behalf of opposite parties no. 3 and 4 has been accepted by the learned Chief Standing Counsel.
Heard learned counsel for petitioner as well as Mr. S.B. Pandey, learned Senior Advocate and Assistant Solicitor General of India assisted by Mr. Devrishi Kumar, learned counsel for opposite party no. 2 and learned standing counsel for opposite parties no. 3 and 4.
The writ petition has been filed seeking mandamus to opposite party no. 1 to decide Original Application No. 525 of 2009 filed by the petitioner. It is also prayed that pending disposal of Original Application, the opposite parties no. 2 to 4 be restrained from proceeding with the enquiry initiated against the petitioner vide Government Order dated 16.9.2009 (Annexure No. 1 to the writ petition).
Learned counsel for petitioner submits that on the verge of retirement of the petitioner a charge-sheet was served on him which is totally uncalled for. The petitioner, feeling aggrieved, had filed Original Application No. 525 of 2009 challenging the charge-sheet before the Central Administrative Tribunal. During pendency of the Original Application, the opposite parties are insisting for filing of reply to the said charge-sheet. The petitioner has moved an application before the learned Tribunal to expedite the disposal of interim relief application pending in the said Original Application, however, the same is not being considered.
Mr. S.B. Pandey, learned Assistant Solicitor General of India appearing for opposite party no. 2 as well as learned standing counsel appearing for opposite parties no. 3 and 4 submit that since the Original Application is pending before the Central Administrative Tribunal, as such, there is no reason for this Court to grant indulgence.
We have considered the submissions made by the parties' counsel and gone through the record.
We are of the view that in the interest of justice a direction be issued to the learned Central Administrative Tribunal to expedite the disposal of interim relief application, if any, pending in the Original Application No. 525 of 2009 preferred by the petitioner.
The writ petition as such is disposed of with the observation that the learned Tribunal shall make all possible endeavour to consider and decide the interim relief application, if any, pending in the Original Application No. 525 of 2009, in accordance with law, giving opportunity of hearing to the parties concerned, expeditiously, if possible on the next date or by fixing some short dates thereafter.
[Attau Rahman Masoodi, J.] [Ritu Raj Awasthi, J.] Order Date :- 17.12.2019 Santosh/-