Union Of INDIA vs. The Central Administrative Tribunal
Facts
The Union of India and others (petitioners) filed a writ petition before the High Court of Telangana challenging an order dated 08.11.2021 passed by the Central Administrative Tribunal (CAT), Hyderabad Bench. The CAT's order directed the petitioners to consider revoking the suspension of the second respondent, Ch. Ramesh Babu, an Assistant Commissioner, within 12 weeks. This direction was based on an earlier CAT order in a similar case (O.A. No. 388 of 2021) where the Tribunal had directed revocation of suspension for a Superintendent involved in the same disciplinary proceedings, as the suspension was extended beyond 90 days without a charge sheet. The petitioners later issued an order on 08.02.2022 further continuing the suspension of the second respondent until 09.08.2022.
Held
The High Court held that the CAT's order was to consider the revocation of suspension. However, a decision on the continuation of suspension was already made by the petitioners on 08.02.2022. Therefore, the Court opined that no cause survived for consideration in the writ petition. The writ petition was disposed of accordingly. The second respondent was granted liberty to avail appropriate remedies as available in law. The Court did not delve into the merits of the CAT's original order or the validity of the suspension itself, focusing on the supervening event of the petitioners' subsequent decision on suspension. The issue of whether the CAT's original direction was correct was rendered moot by the subsequent order of continuation of suspension.
Key Issues
1. Whether the CAT's order dated 08.11.2021, directing consideration for revocation of suspension, is legally sustainable, given the subsequent order of further continuation of suspension by the petitioners? Contentions of the Petitioners (Union of India and others): The petitioners argued that the CAT's order was flawed and that they had subsequently passed an order on 08.02.2022 further continuing the suspension of the second respondent. They relied on the fact that a decision on the continuation of suspension had already been made by them. Contentions of the Respondent No. 2 (Ch. Ramesh Babu): The second respondent's counsel fairly submitted that in view of the subsequent decision by the petitioners on 08.02.2022, the second respondent might have to avail appropriate remedies.
AI-generated summary — verify with the full judgment below
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Juri iction) THUR AY,THE SEVENTEENTH DAY OF FEBRUARY 1 TWO THOUSAND AND TWENTY TWO PRES E NT THE HONOURABLE SRI JUSTICE P.NAVEEN RAO AND THE HONOURABLE DR. JUSTICE G.RADHA RANI Between:
Union of lndia, Ministry of Finance, Department of Revenue, North Block, New Delhi, Represented by its Secretary.
Cenlral Board of lndirect Taxes and Customs, North Block, New Delhi, Rep. by its Chairman.
The Chief Commissioner, Central Tax and Customs, GST Bhavan, Basheerbagh, Hyderabad Zone, Hyderabad. ..,PETITIONERS AND 1 The Central Administrative Tribunal, Hyderabad Bench, HACA Bhavan, Lakdikapul, Hyderabad. Ch. Ramesh Babu, S/o Late C. l\,4adhava Rao, Aged 56 years, Occ. Assistant Commissioner, O/o The Chief Commissioner of Central Tax and Customs, Hyderabad Zone, GST Bhavan, Basheer Bagh, Hyderabad. ...RESPONDENTS Petition under Arlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ, direction or order more particularly in the nature of writ of Certiorari, calling for records pertaining lo order daled 081111202
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