Facts
The applicant filed an Original Application (OA) alleging that the respondents prevented him from performing his duties, which he construed as an oral termination of his services.
Source reference: para. 1During the pendency of the proceedings, the respondents issued a speaking order dated April 6, 2026.
Source reference: para. 2This order granted the applicant liberty to submit a representation against any proposed action and guaranteed that no final adverse action would be taken until the expiry of the notice period and due consideration of his representation.
Source reference: para. 2Issues
Whether the applicant's grievance regarding the alleged oral termination and non-payment of salary survives in light of the respondents' issuance of a speaking order and their undertaking to disburse arrears.
Source reference: para. 1-3Law Applied
The Tribunal applied the principles of administrative law concerning "speaking orders" and the requirements of procedural fairness.
Source reference: para. 2It emphasized the principle of Audi Alteram Partem by ensuring the applicant had a formal opportunity to represent his case before any adverse action was finalized.
Source reference: para. 2The court applied the rule that the State and its instrumentalities are bound by the undertakings and statements made by their legal counsel during judicial proceedings.
Source reference: para. 5Reasoning
The Tribunal observed that the respondents’ issuance of the speaking order dated April 6, 2026, effectively regularized the dispute process.
Source reference: para. 2By providing a stipulated notice period for the applicant to submit supporting documents and a commitment that no adverse action would be taken prematurely, the respondents addressed the applicant's primary grievance regarding arbitrary termination.
Source reference: para. 2The respondents' counsel provided a specific undertaking to disburse the applicant's salary from his date of joining within three days.
Source reference: para. 3The Tribunal reasoned that these subsequent administrative actions and commitments provided sufficient relief to the applicant at this stage, thereby resolving the immediate controversy of the OA.
Source reference: para. 4-5Holding
The Tribunal disposed of the OA, directing that the respondents remain strictly bound by the statements made by their counsel regarding the disbursement of salary and the procedural safeguards outlined in the speaking order.
Specifically, the respondents were ordered to pay the applicant’s salary arrears within three days from the date of the order.
Source reference: para. 3No order was made as to costs.
Source reference: para. 6Original Court PDF
AMANvsPERSONNEL PUBLIC GRIEVANCES
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