Union Of India v. G.G Suresh Kumar

THE HON'BLE SRI JUSTICE SURESH KUMAR KAIT AND THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.NO.1602 OF 2018 ORAL ORDER (Per the Hon'ble Sri Justice Suresh Kumar Kait) Vide the present petition, petitioner has assailed the interim order dated 17.08.2017 in O.A.No.679 of 2017, whereby, the Central Administrative Tribunal, Hyderabad Bench, at Hyderabad, initially granted interim stay of notice dated 8.8.2017 issued by the Inquiry Officer, for a period of four weeks and thereafter by subsequent interim orders, extended it from time to time.

The learned Assistant Solicitor General of India appearing on behalf of the petitioners - Union of India, would submit that in the aforesaid O.A., petitioners have filed counter affidavit on 22.09.2017 and said O.A. is still pending adjudication. He further submits that if this court is inclined to direct the learned Tribunal to dispose of the main O.A. within certain time frame, he has instructions not to press for the present petition. The respondent herein filed the aforesaid O.A. questioning the action of the petitioners in proceeding with the disciplinary inquiry when the criminal trial on the very same allegations is in progress. As noted above, the learned Tribunal initially granted stay of notice issued by the Inquiry Officer for a period of four weeks and thereafter has been extending it from time to time.

We do not find any illegality or perversity in the interim orders passed by the learned Tribunal. However, in the interest of justice, we hereby expect the Tribunal to adjudicate the main application as expeditiously as possible, not beyond the period of four months from the date of receipt of a copy of this order.

With the above observation, the writ petition is disposed of. Miscellaneous petitions pending, if any, shall stand closed. No order as to costs.

----------------------------------------------- SURESH KUMAR KAIT,J ------------------------------------------------ ABHINAND KUMAR SHAVILI,J DATE:23-01-2018 AVS