The Union of India v. Kaladhar Chaubey

ORDER Date : 09.08.2024 (K.R. Surana, J) Heard Ms. A. Gayan, learned counsel for the applicant.

¶2This interlocutory application has been filed with a prayer for stay of the operation of the impugned judgment and order dated 06.06.2023, passed in WP(C) 4518/2008 as well as order dated 02.08.2013, passed in Review Petition No. 89/2023.

¶3It may be mentioned that in the connected interlocutory application for condonation of delay, being IA(Civil) No. 257/2024, the respondent has not appeared despite service of notice.

¶4It may be stated that the learned Single Judge had granted relief to the opposite party herein in view of the earlier judgment and order of this Court dated 10.05.2018, passed in WP(C) 4571/2008 and the dismissal of the Writ Appeal No. 120/2019, which was preferred against the said judgment for the purpose of granting relief in the WP(C) 4518/2008. It may also be stated that the petitioners in both the aforesaid writ petitions were charged for same set of charges. Accordingly, without prejudice to the appellant in the connected appeal, the Court is inclined to stay the operation of only that part of the order dated 02.08.2023, passed in Review Petition No. 89/2023 as well as order dated

06.06.2023, passed in WP(C) 4518/2008 insofar as it relates to payment of back wages for the period the respondent was not in service. Page No.# 3/3

¶5However, it is made clear that the other directions contained in the said judgment, which relates to reinstatement of the respondent in service has not been stayed, but the same shall be subject to further or final order that may be passed in the connected WA 251/2024.

¶6Therefore, it is clarified that there is no impediment for the reinstatement of the respondent in service in compliance with the judgment dated 06.06.2023, passed in WP(C) 4518/2008, which shall be subject to further orders that may be passed in the connected writ appeal.

¶7With the aforesaid direction, this interlocutory application stands allowed.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010284612023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo:oI.A.(Civil)/2294/2024 THEoUNIONoOFoINDIA REPRESENTEDoBYoTHEoHOMEoSECRETARY oGOVT.oOFoINDIA oNEWoDELHI oPIN-110001 2:oTHEoDYoINSPECTORoGENERAL CISF(NEZ) oKOLKATA-17. o3:oTHEoCOMMANDANT CISFoUNIT oONGC oJORHAT oPIN-o785001. o4:oTHEoASSISTANToCOMMANDANT CISFoUNIToONGC oJORHAT oPIN-o785001. oVERSUS KALADHARoCHAUBEY S/OoSHARADAoPRASADoCHAUBEY oR/O-oHATHIARoKHURD oP.O-oKATIHARoKALA oP.S-oCHOLAPUR oDISTRICT-oVARANASIo(UP) oPIN-o221101. o------------ oAdvocateoforo:oMRS.oAoGAYAN Page No.# 2/3 Advocate for : appearing for KALADHAR CHAUBEY BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK HONOURABLE MR. JUSTICE KALYAN RAI SURANA