High Court set aside the Central Administrative Tribunal order closing an Original Application challenging promotion ineligibility, directing restoration of the file for merits consideration within three months due to procedural lapse.
Order dated 11.04.2016 set aside; Original Application restored to file for consideration of merits within three months.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.04.2017
CORAM
THE HON'BLE Mr.JUSTICE K.K.SASIDHARAN AND THE HON'BLE Mr.JUSTICE M.V.MURALIDARAN
W.P.No.7024 of 2017
and WMP.No.7653 of 2017
1.The Union of India, Rep. by its Secretary, Ministry of Finance, Department of Revenue, New Delhi. 2.The Director, Directorate of Enforcement, Government of India, Ministry of Finance, 6th Floor, Lok Nayak Bhawan, Khan Market, New Delhi - 110 003.
3.The Assistant Director, (Estt.) Directorate of Enforcement, Government of India, Ministry of Finance, 6th Floor, Lok Nayak Bhawan, Khan Market, New Delhi - 110 003. 4.The Joint Director, Directorate of Enforcement, Government of India, Shastri Bhavan, 26, Haddows Road, Chennai - 600 006. ... Petitioners vs. 1. R.Ganesh 2.The Registrar, Central Administrative Tribunal, Madras Bench, High Court Buildings, Chennai - 600 104. ...Respondents
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorari calling for the records relating to the order of the Central Administrative Tribunal, Madras Bench passed in O.A.No.132 of 2014 dated 11.04.2016 and quash the same.
For Petitioners: Mr.C.V.Ramachandra Murthy (SCGSC) For Respondents: Mr.L.Chandrakumar [ R1] R2 - Tribunal
O R D E R
K.K.SASIDHARAN,J.
The first respondent filed Original Application before the Central Administrative Tribunal, Madras Bench, in O.A.No.132/2014, challenging the order dated 30.01.2014, issued by the Assistant Director (Estt), Directorate of Enforcement, New Delhi, indicating that he is not eligible for appearing in the examination for promotion to the post of Assistant Enforcement Officer as per the existing Recruitment Rules. The first respondent secured an interim order from the Tribunal to take part in the selection process. Thereafter, by another interim order, the Tribunal directed the Enforcement Directorate to convene a Departmental Promotional Committee and to declare the results. Subsequently, the Tribunal closed the Original Application on the ground that the first respondent has no grievance, without even considering the earlier interim order permitting the participation of the first respondent in the selection process, subject to the result of the Original Application. The order closing the Original Application is challenged in this Writ Petition.
costs. Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar(CS II)
//True Copy/
Sub Assistant Registrar
ds
To:
The Registrar,
Central Administrative Tribunal,
Madras Bench, High Court Buildings,
Chennai - 600 104.
+1cc to M/s. C.V. Ramachandramurthy, Advocate, S.R.No.23156
+1cc to M/S.L. Chandrakumar, Advocate, S.R.No.23724
SS(CO)
EU 5.5.17
W.P.No.7024 of 2017
3 issues framed by the court
Whether the Tribunal erred in closing the Original Application without considering the merits of the grievance regarding the petitioner's ineligibility.
Whether interim orders permitting participation in a selection process can be conditioned on the outcome of a pending challenge.
Whether the Tribunal was bound to consider the petitioner's challenge before declaring the final result based on an interim order.
Union of India, Rep. by Secretary, Ministry of Finance
Director, Directorate of Enforcement
R.Ganesh
Registrar, Central Administrative Tribunal, Madras Bench
K.K.SASIDHARAN
M.V.MURALIDARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
