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U.O.I. THRU' SECRETARY, MINISTRY OF DEFENCE AND OTHERS versus RAM SWAROOP ARYA AND ANOTHER

High Court of Judicature at Allahabad

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U.O.I. Thru' Secretary, Ministry Of Defence And Others v. Ram Swaroop Arya And Another - WRIT - A No. 11142 of 2006 [2007] RD-AH 3897 (7 March 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. Yatindra Singh,J.

Hon. Vijay Kumar Verma,J.

Respondent no. 1 (contesting respondent) was given a show cause notice dated 21.01.2006, to show cause as to why his service be not terminated.  Against this show cause notice,  the contesting respondent has filed original application before the Central Administrative Tribunal (CAT) Allahabad. The Tribunal granted an interim order on 01.02.2006 requiring the petitioners to take permission of  the Tribunal before passing final orders. Hence the petitioners filed this writ petition.

We have heard learned counsel for the petitioners and Sri S.K. Chaturvedi learned counsel for the respondents.

The petitioner was given a show cause notice. It was not justified for the Central Administrative Tribunal's to pass interim order dated 01.02.2006. The Central Administrative Tribunal ought to have asked the petitioner to file reply of the show cause notice.

The order dated 01.02.2006 is hereby quashed. The Original Application No. 79 of 2006 is dismissed. However, it will be open to the contesting respondent to take appropriate action against the order passed in pursuance of the show cause notice given by the petitioner.

With these observations this writ petition is allowed.  

07.032007.

v.k. Updh./ w.p. 11142/06


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