The High Court dismissed a writ petition seeking to stay a transfer order sanctioned by the Central Administrative Tribunal, upheld the Tribunal's discretion, and noted the decision would not affect the merit of the pending appeal.
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.
CWP No.8320 of 2010
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.8320 of 2010 Date of decision:07.05.2010
Pawan Kumar
...Petitioner
Versus
Union of India and others
...Respondents
CORAM: HON'BLE MR.JUSTICE M.M.KUMAR HON'BLE MR.JUSTICE JITENDRA CHAUHAN
Present: Mr. S.R.Hooda, Advocate for the petitioner.
M.M.KUMAR, J.
The petitioner has approached this Court against order dated 26.4.2010 passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh, (for brevity `the Tribunal') declining his request for staying the transfer order.
The Tribunal has taken into account the fact that the transfer of the petitioner has been effected almost after seven years and he could make representation only after joining at the place of transfer. The Tribunal has further listed the case for final hearing on 1.6.2010.
After hearing the learned counsel, we are not inclined to accept the plea that the transfer order is patently illegal and is based on irrelevant consideration for granting interim order and, therefore, it is
CWP No.8320 of 2010
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liable to be stayed. The discretion has been exercised by the Tribunal by taking into account the various factors and we are not inclined to interfere in the exercise of discretion by the Tribunal.
Accordingly, the writ petition fails and the same is hereby dismissed. We make it clear that any observation made in this order shall not affect the merit of the controversy pending before the Tribunal.
(M.M.KUMAR) JUDGE
07.05.2010 (JITENDRA CHAUHAN) mk JUDGE
2 issues framed by the court
Whether the High Court should interfere with the Central Administrative Tribunal's discretion in declining a stay on a transfer order.
Whether the transfer order was patently illegal and based on irrelevant considerations warranting an interim stay.
Pawan Kumar
Union of India
M.M. Kumar
Jitendra Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
