Court allowed the writ petition on respondent's readiness to accept transfer, treating the impugned Tribunal order allowing OA as cancelled. Clarified no opinion on accommodation unless quarters are vacant.
Writ petition allowed; impugned order dated 26.02.2015 allowing OA No.2535/2014 treated as cancelled or non-est.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~19
versus
LALIT KUMAR ..... Respondent Through Mr. A.K. Trivedi, Advocate.
CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAJMI WAZIRI
Learned counsel for the respondent on instructions states that the respondent is ready and willing to join his new place of posting at CRO, Delhi Cantonment in terms of the transfer order dated 17th July, 2014.
In view of the statement made, the present writ petition will be treated as allowed and the impugned order dated 26th February, 2015 passed by the Tribunal allowing OA No.2535/2014 will be treated as cancelled or non-est. Consequences will accordingly flow.
Learned counsel for the respondent states that he would apply for allotment of fresh quarters or retention of his present accommodation, in accordance with the applicable rules.
We clarify that we have not expressed any opinion in this regard and
it will be equally open to the petitioner to act in accordance with law, in
case, the respondent does not vacate the quarter in question.
SANJIV KHANNA, J.
NAJMI WAZIRI, J.
FEBRUARY 02, 2016 NA
2 issues framed by the court
Whether the writ petition challenging the transfer/disallowance of transfer order should be allowed on the respondent's willingness to join.
Whether the order of the Tribunal allowing OA No.2535/2014 should be treated as cancelled.
UNION OF INDIA AND ORS
LALIT KUMAR
SANJIV KHANNA
NAJMI WAZIRI
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
