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Judgment
The applicants preferred a writ petition challenging the impugned order dated 8th November, 2019 passed by C.A.T., Kolkata Bench in O. A. No.
1135 of 2011 and O. A. No. 244 of 2015.
The said writ petition is pending. In the writ petition, the writ petitioners at the motion stage prayed for interim protection which they were enjoying
prior to dismissal of the original application by the Tribunal. While refusing to pass interim order a Co-ordinate Bench on 13.12.2019 assigned following
reasons :
“Once the tribunal has rejected the challenge of the petitioners, the interim order passed earlier has merged in the final order of dismissal. Today, if
we allow the petitioners to continue on their existing posts and ultimately the writ petitions fail, it would be difficult to put the clock back. The
petitioners, at least for some time, would be usurping public office without authority. On the other hand, if interim order is refused at this stage and
ultimately the petitioners succeed, the financial benefits to which they would have been entitled had they continued on the posts as well as continuity in
service, may be made available to them.
Thus, in our considered view the balance is against grant of any interim relief. However, any action taken on the basis of the vigilance report shall
abide by the result of the writ petitions.â€
Mr. Ajay Debnath, learned counsel appearing in support of the application has submitted that it was the desire of the Co-ordinate Bench to dispose of
the writ petition as expeditiously as possible.
The respondents have filed their affidavits. Due to COVID-19 situation, the writ petition could not be heard and disposed of.
The Railway Department taking advantage of the COVID-19 situation had issued impugned notification on 4th June, 2020 for selection of final panel
and the said panel is likely to be given effect to by 22nd June, 2020.
Mr. Ajay Debnath has accordingly submitted that there should be a limited stay of the said notification till the writ petition is heard on merits.
We are unable to accept such submission made on behalf of the applicants. The order of the Co-ordinate Bench does not stay the order passed by
C.A.T., Kolkata Bench. As a fall out of the said decision and refusal to pass any interim order by the Co-ordinate Bench, the Railway Authorities
were permitted to proceed with the matter and had accordingly taken steps in that regard. There has been no change of circumstances on the basis of
which the order passed by the Co-ordinate Bench needs to be revisited or the merits of the order under challenge of C.A.T. requires examination. The
order of the Co-ordinate Bench has taken care of to protect the interest of the writ petitioners.
It is needless to mention that any step taken by the respondents pursuant to the notification dated 4th June, 2020 shall abide by the result of the writ
petition.
With such observations, the applications being CAN 3280 of 2020 and CAN 3281 of 2020 are disposed of.