Excelsior Correspondent
JAMMU, Dec 19: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Acting Chief Justice Tashi Rabstan and Justice Rajesh Sekri has dismissed the Government appeal against the order of the Central Administrative Tribunal (CAT) whereby operation of impugned Govt Order No. 771-JK (HME) of 2022 dated 31.10.2022 to the extent of adjustment/posting of Dr Narinder Singh Bhutyal as Medical Superintendent GMC, Jammu.
After hearing AAG Amit Gupta for the UT whereas Senior Advocate Abhinav Sharma appearing for the respondent, DB observed, “the petitioners have filed this petition seeking to quash/set aside order dated 02.12.2022 passed by the Central Administrative Tribunal (CAT), whereby the Tribunal has stayed the operation of Government Order No.771-JK(HME) of 2022 dated 31.10.2022 to the extent of adjustment/posting of proforma respondent as Medical Superintendent in Government Medical College, Jammu”.
“Perusal of order dated 02.12.2022 reveals that the Tribunal has not decided the main petition, rather it has only stayed the operation of order dated 31.10.2022 to the extent of proforma respondent No.2 till the next date of listing. Therefore, instead of filing the present petition, the petitioner-UT of J&K ought to have waited till 13.03.2023, when it would have the liberty to put forth its arguments for final hearing of the matter”, the DB said.
“Since the Tribunal has simply issued the interim order till next date of listing which cannot be construed to be the final wording in any sense, as such we are not inclined to entertain the present petition. Accordingly, the petition is dismissed along with connected miscellaneous application, if any”, the DB said.
However, DB directed the Registrar of CAT to prepone the date in OA No.1550/2022 and list the same on 28.12.2022 instead of 13.03.2023.
Follow our WhatsApp channel