If CAT Took Little Precaution To Decide Main Case Rather Than Miscellaneous Applications Time & Again, Entire Controversy Would Come To Rest: J&K High Court

"The entire controversy would have come to at rest, if the Tribunal would have taken a little precaution to decide the main case rather than dealing with the miscellaneous applications time and again," a Bench of Chief Justice Pankaj Mithal and Justice Sindhu Sharma was constrained to observe with reference to the Central Administrative Tribunal, Jammu.

The remarks were made while hearing a writ petition filed by the UT Administration against stay on the order for transfer of the Respondent, working as Consultant Radiology, SMGS, Jammu.

Background

The Respondent had obtained an interim order of stay against the said transfer in WP(C) No. 436/2020 on 13.02.2020. This petition was eventually transferred to the Central Administrative Tribunal.

Thereafter, the Respondent filed an application for the implementation of the above interim order of the High Court before the CAT and against the order passed on the said application, he preferred WP(C) No. 1187/2020.

In the said writ petition, an interim order was passed on 20.07.2020 staying the order of Tribunal dated 09.07.2020 and directing the Financial Commissioner, Health and Medical Education Department to ensure that the petitioner performs his duties in SMGS Hospital, Jammu.

Subsequently, this writ petition was dismissed as withdrawn.

The respondent No. 1 filed some other applications before the CAT inter alia seeking implementation of the interim order of the High Court 13.02.2020 as also of the CAT.

In dealing with the said applications, there was a difference of opinion between two Members of the CAT. One was of the view that Respondent has been relieved on 01.01.2020 and therefore, there is no requirement of the implementation of the interim order of the High Court. The other Member took a different view. So, the matter was referred to the third Member.

The third Member of the CAT observed that the withdrawal of the subsequent writ petition on 15.10.2020 does not obliterate the effect of the interim order passed therein on 20.07.2020. it thus directed for the implementation of the order of the High Court dated 13.02.2020.

Later, as probably the order of the High Court was not implemented, the Tribunal directed not to release the salary of the Financial Commissioner, Health and Medical Education Department, Government of Jammu and Kashmir till next date of listing.

Aggrieved by the above two orders passed by the CAT, the Petitioners preferred the instant writ petition.

Findings

The Division Bench noted that the crux of the matter pertains to adjudication of the validity of the transfer order impugned in the first writ petition before the High Court, which was later transferred to the CAT.

It observed that while unnecessary time is being spent only in dealing with the miscellaneous applications, adjudication of the crux remains. Such practice has even been deprecated by the Supreme Court.

"We expect that the CAT would do its best to decide the main petition on merits most promptly, if possible on the next date itself which is fixed in the case, as we are told by the parties that they have exchanged their pleadings therein," the Bench added.

Coming to the merits of the petition, the Bench observed that stopping the salary of the said Financial Commissioner, in the absence of contempt proceedings initiated by the Respondent, is prima facie not warranted in law. Accordingly, the impugned order is kept in abeyance until further orders.

AAG Aseem Sawhney appeared for UT Administration.

Senior Advocate Abhinav Sharma with Advocate Abhimanyu Sharma for Respondent.

Case Title: Union Territory of J&K & Ors. v. Arshad Bhat & Anr.

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