The High Court, addressing a writ petition challenging an interim stay order passed by the CAT Cuttack Bench without a hearing, directed the Tribunal to take up the vacation petition and dispose of it on merit within 15 days during the COVID-19 lockdown.
Directed CAT Cuttack Bench to take up vacation petition and dispose on merit within 15 days.
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W.P.(C) No. 28638 of 2020
Union of India and another … Petitioners
Versus
Bibhupada Dash and others … Opp. Parties
Heard, learned counsel for the parties.
This writ petition has been filed by the petitioners challenging the Interim order dated 30.05.2019 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in OA No. 353/2019 for early disposal of the said OA.
It appears that Interim order has been passed by the Central Administrative Tribunal in favour of the Opposite Party No.1 without hearing the petitioners and even after filing a petition for vacation of the stay order. The learned Tribunal is not taking up the same. The case is stated to have been adjourned to 11.11.2020.
Regard being had to the facts, submission and nature of relief sought for, the writ petition is disposed of directing the Central Administrative Tribunal, Cuttack Bench, Cuttack to take up the petition filed by the petitioners for vacation of interim stay order and dispose of the same on merit at least within a period of 15 days
2
from the date of receipt of certified or soft copy of this order without giving further adjournments to the Opposite Party No.1.
As Lock-down period is continuing for COVID-19, learned counsel for the parties may utilize the soft copy of this order available in the High Court’s website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No.4587 dated 25.3.2020.
………………………..
C. R. Dash, J.
….……………………….. S. K. Panigrahi, J.
AKP
2 issues framed by the court
Whether the Central Administrative Tribunal, Cuttack Bench, is directed to dispose of the vacation petition filed by the petitioners against an interim stay order.
Whether the vacation petition of the interim stay order must be disposed of within 15 days without further adjournment.
Union of India
Bibhupada Dash
C. R. Dash
S. K. Panigrahi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
