High CourtsDivision Bench(2021) 06 GUJ CK 0058

Union Of India vs Ganesh Chandra Sahu S/O Ramesh Chandra Sahu

Gujarat High Court · Decided on 9 June 2021

HON’BLE JUDGES
A.J.Desai, J · Dr. A. P. Thaker, J
RESULT
Allowed
CASE NUMBER
R/Special Civil Application No. 7737 Of 2021

AI Structured Summary

Not yet generated for this judgment

Judgment

13 paragraphs · 231 words

A.J.Desai, J

1.

Rule. Learned advocate for the respondent waives service. With the consent of the learned advocates on both sides, present petition is taken up for

final hearing.

2.

By way of present petition, Union of India has challenged an order dated 05.05.2021 passed by Central Administrative Tribunal, Ahmedabad

Bench, Ahmedabad, in O.A. No.120/134/2021 by which, by way of interim relief, the respondent is ordered to be continued in service on the post he is

holding till the final outcome of O.A. and the matter is fixed on 9.6.2021.

3.

Having heard learned advocates Mr.Devang Vyas and Mr.Ronith Joy for the respective parties and without examining the merits of the case, we

are of the opinion that prima facie, by way of interim order, it seems that original application itself is allowed. Hence, the said order is required to be

quashed and set aside.

4.

Hence, the petition is allowed. The impugned order dated 5. 05.2021 passed by Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad, in

O.A. No.120/134/2021 is quashed and set aside. The Tribunal is requested to decide the original application at the earliest, after giving opportunity of

hearing to all concerned, preferably before 30.6.2021. The Tribunal shall decide the case without being influenced by the observations made in the

order impugned as well as the observations made by this Court in the present order. Rule is made absolute accordingly.