Full Judgment Text
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PETITIONER:
UNION OF INDIA
Vs.
RESPONDENT:
SATYA PRAKASH VASISHT
DATE OF JUDGMENT20/09/1993
BENCH:
ACT:
HEADNOTE:
JUDGMENT:
ORDER
1. Special leave granted.
2. Heard counsel on both sides.
3. We are afraid the impugned order of the Tribunal cannot
be sustained. The facts clearly reveal that against the
order of transfer the appellant herein had obtained ad-
interim stay from the Tribunal. While that stay was in
operation, he came to be relieved from his post on October
4, 1991, which was clearly contrary to the letter and spirit
of the Tribunal’s order. It is, therefore, difficult to
understand how the Tribunal could in such circumstances say
that the petition had become infructuous. In fact the
appellant can have a grievance that the respondent had
committed contempt by not obeying the interim order of the
Tribunal. We are not suggesting that any contempt action be
taken but surely the Tribunal could not have dismissed the
petition of the appellant merely because he was relieved
with effect from October 4, 1991. We, therefore, allow this
appeal, set aside the order of the Tribunal and remit the
matter to the Tribunal to decide it in accordance with law.
There will be no order as to costs.
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