The High Court restored a writ petition under CAT, 2005 after recalling an interim dismissal order. The Court found fault with the petitioner's department for failing to serve notices, directing service despite earlier dismissal of a similar petition.
Order dated 7.2.2014 recalled; original writ petition restored.
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.
I N THE HI GH COURT OF PUNJAB AND HARYANA AT CHANDI GARH
Civil Writ Petition No.6513 - CAT of 2005 (O&M) DATE OF DECI SI ON: 26.03.2014
Union of India
…..Petitioner
versus
Naresh Kumar Joshi and another
.....Respondents
CORAM:- HON'BLE MR.JUSTI CE SANJAY KI SHAN KAUL, CHI EF JUSTI CE HON’BLE MR. JUSTI CE ARUN PALLI
Present: Mr. Puneet Jindal, Advocate for the petitioner
SANJAY KI SHAN KAUL, CHI EF JUSTI CE : (Oral)
CM- 2884- 2014:
On perusal of the application, we find that the officers of the petitioner ought to have taken appropriate steps to locate the address of respondent No.1, as he must be receiving pension and from the bank through which pension is being received, the particulars could have been easily located instead of keeping silent at least from 2012 onward.
Learned counsel for the petitioner, however, submits that since the matter was admitted and lying for long in the registry, it appears that this issue escaped attention of the concerned department and was suddenly put up on account of service not being complete. He, thus, seeks restoration of the petition.
In view of the aforesaid plea of the learned counsel for the petitioner, we are inclined to show indulgence and, thus, recall the order dated 7.2.2014 and restore the original petition. Application is allowed.
Chand Parkash 2014.03.26 14:29 I attest to the accuracy and integrity of this document
CW P- 6513 - CAT- 2005
- 2 -
CWP- 6513- CAT- 2005:
Learned counsel for the petitioner concedes that the similar writ petitions including CWP No.17003 of 2004 titled as Union of India vs. Gurbax Pal and others had been dismissed on 5.1.2011. In fact, the present petition, as per admission order dated 28.4.2005, was directed to be heard along with that petition while declining interim prayer and it appears that on account of non-com pletion of service was possibly not posted along with that petition.
Thus, the present petition is also dismissed in terms of the orders passed in CWP No.17003 of 2004.
26.03.2014 ( ARUN PALLI ) parkash* JUDGE
Chand Parkash 2014.03.26 14:29 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether the writ petition filed under the Constitution (Adaptation of Laws) Act, 2005 should be restored after dismissal due to lack of service.
Whether the department was negligent in locating the respondent's address despite receiving pension.
Colour shows how this judgement treated each authority
Union of India vs. Gurbax Pal and othersDistinguished¶19
CWP No.17003 of 2004
Union of India
Naresh Kumar Joshi
Sanjay Kishan Kaul
Arun Palli
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
