Director of Indian Medicine and Homoeopathy, Orissa and Another vs Dayanidhi Dwivadi and Others

Heard the learned counsel for the parties. The delay is condoned.

In the original application which was filed before orissa Administrative Tribunal, Bhubaneswar, the tribunal while admitting the matter and issuing notice passed an interim order directing the authorities to interview the respondents. When the case was placed for final disposal the tribunal without going into the questions raised by the parties and deciding any of the points relevant for the decision in the case granted the relief made in the application by the respondents. In our view, the tribunal was in serious error by not taking up the disputed issues and in allowing the application without deciding the relevant questions on merits. Accordingly we grant leave, allow the appeals and set aside the impugned judgment. The case is remitted to the tribunal for fresh decision by dealing with the questions raised by the parties. There will be no order as to costs.

During the pendency of the original application before the tribunal, the status quo as obtaining today shall be maintained. It is, however, highly desirable that the tribunal takes up the matter and disposes it of as expeditiously as may be possible preferably within a period of 3 months from the receipt of a copy of this judgment. The parties are hereby directed to appear before the Tribunal without further notice.