Court No. - 34
Case :- WRIT - A No. - 19129 of 2019 Petitioner :- Union Of India And 2 Others Respondent :- Central Administrative Tribunal Allahabad And Another Counsel for Petitioner :- Anupam Kumar
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Petitioner-Union of India has come up to this Court seeking a writ of mandamus commanding respondent-1 i.e. Central Administrative Tribunal, Allahabad Bench, Allahabad (hereinafter referred to as "Tribunal") to decide Original Application No. 330/00317/2018 (Ajit Kumar Vs. Union of India and Others) expeditiously, which is pending since April, 2018.
2. Record shows that an expedite application was filed by petitioner before Tribunal which came up for consideration on 15.03.2019 but counsel for petitioner himself did not appear before Tribunal, therefore, the same has been dismissed. Order dated 15.03.2019 passed by Tribunal reads as under:-
"Shri Ashish Srivastava, counsel for the applicant in original application is present.
This expedite application has been moved on behalf of Shri L.P. Tiwari, counsel for the respondents. He is not present before this Tribunal. The OA is fixed for hearing on 6.5.2019. No early date is possible. Expedite Application is dismissed. List on the date fixed."
3. When questioned, Sri Anupam Kumar, learned counsel for petitioner-Union of India could give no reply as to why petitioner's counsel did not appear before Tribunal to press expedite application when it was filed and came as long back as in March, 2019 before Tribunal.
4. Looking to aforesaid conduct of petitioner's counsel, we do not find that petitioners are serious enough and bonafide to get the case decided expeditiously. Even otherwise, we are informed that a large number of old matters are pending and simply because an interim order was obtained by petitioner, there is no other reason to direct Competent Authority to take up this matter out of turn and leave other old matters. Therefore, we find no reason to issue such a mandamus as sought in this writ petition.
5. Dismissed accordingly.
Order Date :- 29.11.2019 Siddhant Sahu