GOVT OF NCT OF DELHI v. DR. HARIDAYA HULAS NAG & ORS.

1. The present writ petition under Article 226 read with 227 of the Constitution of India assails the order dated 19.08.2020 passed in 2020:DHC:3263-DB M.A. No.1222/2020 in O.A. No.3060/2018 and order dated 21.09.2020 passed in C.P. No.180/2020 by the learned Central Administrative Tribunal, Principal Bench, New Delhi.

2. Issue notice.

3. Counsel, as above, accept notice on behalf of the respondents.

4. Dr. Ashwani Bhardwaj, learned counsel appearing on behalf of respondent No.1/Dr. Hridaya Hulas Nag, the original applicant before the Tribunal states that the orders impugned in the present writ petition may be set aside with the consent of the parties and the learned Central Administrative Tribunal, Principal Bench, be requested to expedite the adjudication of the Original Application instituted on his behalf expeditiously.

5. Mrs. Avnish Ahlawat, learned Standing Counsel appearing on behalf of the petitioner/GNCTD readily agrees with the submission made on behalf of respondent No.1.

6. Mr. Alok Singh, learned counsel has put in appearance on behalf of R-3/UOI, the performa respondent.

7. The operative portion of the order dated 19.08.2020 passed in M.A. No.1222/2020 in O.A. No.3060/2018 reads as follows:-

8. The relevant paras of the order dated 21.09.2020 passed in C.P. No.180/2020 reads as follows:- “We take serious exception to the manner in which the Department of Health and Family Welfare and the administration of G.B. Pant Hospital, Delhi are functioning After hearing the parties at length, we passed an order dated 19.08.2020 indicating that the steps to be taken to fill up the post of HoD (GI, Surgery) in the 3rd respondent hospital, i.e., G.B. Pant Hospital, within one week. Though nearly four weeks have elapsed, no steps were taken. A contempt notice was issued by learned counsel for the applicant, but did not evoke any response. The applicant filed CP No.180/2020.

2. It is rather unfortunate that such insensitive persons are holding high positions and they do not even care to implement the orders of the Tribunal. In case, they had any reservations about it, they are supposed to take further steps in accordance with law. Sitting upon the orders and ignoring them does not add to their administrative efficiency. On the other hand, it reflects the lack of regard for rule of law.

3. The nature of steps to be taken against the respondents in a contempt case would be considered after the counter affidavit is filed. For the present, we direct that the 4th respondents shall not discharge any duties in the administration, except the work of Director. Anybody who violates the order would be treated as a contemnor per se.”

9. A perusal of the impugned orders leaves no manner of doubt that they have been passed at an interim stage during the pendency of the Original Application No.3060/2018 instituted on behalf of Dr.Hridaya Hulas Nag/respondent No.1 herein before the learned Central Administrative Tribunal, which is yet to be adjudicated finally.

10. In view of the foregoing, since the Original Application instituted on behalf of the respondent No.1 is still pending adjudication, we set aside the impugned order dated 19.08.2020 passed in M.A. No.1222/2020 in O.A. No.3060/2018 and the order dated 21.09.2020 passed in C.P. No.180/2020 and remit the matter back to the learned Central Administrative Tribunal requesting them to adjudicate the Original Application No.3060/2018. pending before them as expeditiously as possible and preferably within a period of three months from the date the Original Application is listed before the Central Administrative Tribunal, Principal Bench.