Union Of India v. C.A.T.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.13751 of 2006 Senior Divisional Operation Manager, East Coast Railway and others ....

Petitioners Mr. R.C. Praharaj, Advocate -versusM. Laxmipati ....

Opposite Party

CORAM:

THE CHIEF JUSTICE JUSTICE R.K. PATTANAIK

ORDER

15.02.2022 05.

1. The Railways have filed this petition questioning an order Order No.

dated 10th August, 2005 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack (CAT) for interfering with the punishment of reduction of pay to two stages below in the same time scale of pay for a period of three years with cumulative effect by an order dated 8th September, 2000 pursuant to a disciplinary proceeding instituted against the Opposite Party. The punishment has been set aside by the CAT on the ground that the points raised by Opposite Party No.2 in his representation were not considered by the disciplinary authority or the revisional authority.

2. By an order dated 6th November 2006, this Court had directed that the impugned order should not be implemented during the pendency of this petition. Although the petition has been pending for 15 years now, no steps have been taken to even serve

// 2 // Opposite Party No.2. He was 57 years at the time of the filing of this petition, and today he would be well over 73 years old.

3. Keeping in view these factors, the Court directs that the question of law arising from the impugned order shall be left open for decision in some other appropriate cases and further, it will not constitute a precedent since in any event, in these kinds of cases the decision turns on the facts and circumstances of the case.

4. The writ petition is accordingly dismissed. The interim order dated 6th November, 2006 passed in the present petition stands vacated. An urgent certified copy of this order be issued as per rules.

(Dr. S. Muralidhar) Chief Justice ( R.K. Pattanaik ) Judge S.K. Guin