High CourtsDivision Bench(2011) 12 JH CK 0049

Samir Toppo vs The Union of India and Others

Jharkhand High Court · Decided on 21 December 2011

HON’BLE JUDGES
R.K. Merathia, J · Dhrub Narayan Upadhyay, J
CASE NUMBER
Writ Petition (S) No. 7451 of 2011

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Judgment

6 paragraphs · 321 words
1.

Mr. Indrajit Sinha, learned counsel appearing for the petitioner, submitted that the petitioner was posted as a Divisional Railway Manager (DRM) by order dated 07.04.2011, but the said posting was cancelled by subsequent order dated 29.04.2011 against which, the petitioner moved the Central Administrative Tribunal (CAT), Circuit Bench, Ranchi with the prayer for grant of interim relief. When the matter was taken up on 21.11.2011, the respondent-Railways was directed to file short reply on the point of interim relief within two weeks by fixing the case on 14.12.2011 for consideration of interim relief. On 14.12.2011 the matter was taken up, but in absence of any reply filed on behalf of the respondent-Railways, it was again directed to file short reply on the point of interim relief and the case was adjourned for the longer period i.e. to 08.02.2011. Mr. Sinha submitted that practically, the interim relief has been refused and therefore, at least, it may be observed by this court that if a new panel is prepared, the same should be subject to the orders passed on the prayer for interim relief/orders passed finally in the main application.

2.

Mr. R.N. Roy, learned counsel appearing for the Railways, could not dispute this submission.

3.

It goes without saying that if any new panel is prepared, the same should be subject to the orders passed on the prayer for interim relief/order passed finally in the main application filed before the CAT.

4.

On this, Mr. Sinha informed that the respondent-Railways had not yet filed any pleading on the interim prayer till date.

5.

In the circumstances, respondent-Railways are directed to file its pleadings in the main O.A. as well as on the prayer for interim relief, by 13.01.2012. Reply/rejoinder, if any, by 25.01.2012. Parties are directed to cooperate in the early disposal of the main O.A. application/prayer for interim relief.

With these observations and directions, this writ petition stands disposed of.