ALKA Vs. MUNICIPAL CORPORATION OF DELHI

JUDGEMENT

(1.) This writ petition, under Article 226 of the Constitution of India assails, the following order passed by the learned Central Administrative Tribunal 'the learned Tribunal', in OA 1363/2024 on 12/9/2024:

(2.) In our considered opinion, when providing for a remedy by way of a writ petition to the High Court against orders passed by the learned Tribunal in L Chandra Kumar v UOI 1995 (1) SCC 400, the Supreme Court could not have envisaged that, against purely interlocutory orders, which are discretionary in nature and do not result in any irreparable loss to the applicant seeking interim relief, writ petition should be entertained by the High Court.

(3.) We are not seeking to state, as a proposition of law, that no writ petition would lie against any interim order passed by the learned Tribunal. However, three conditions which require cumulatively to be satisfied for interim relief to be granted are the existence of a prima facie case, balance of convenience and irreparable loss, if interim relief were not granted.