LAWS(DLH)-2015-10-304

UNION OF INDIA Vs. SANTAN AND ORS.

Decided On October 08, 2015
UNION OF INDIA Appellant
V/S
Santan And Ors. Respondents

JUDGEMENT

(1.) Present writ petition has been filed by petitioner/Union of India under Article 226/227 of the Constitution of India seeking a direction to quash and set aside the impugned Order dated 1.5.2014 passed by Central Administrative Tribunal (hereinafter referred to as the "Tribunal") in MA No. 1257/2014 filed by petitioner herein (respondent before the Tribunal) in O.A. No.4523/2013.

(2.) We are informed that the main matter has already been disposed of by the Tribunal. Counsel for the petitioner submits that the necessity for filing this writ petition has arisen since a general order has been passed by the Tribunal which would curtail the right of the petitioner in every case.

(3.) In this case, an MA was filed by the petitioner (respondent before the Tribunal) for deletion of the name of Secretary, Ministry of Railways, Government of India, Railway Board, Railway Bhawan, New Delhi, from the array of parties. While dismissing the MA, a general direction was issued by the Tribunal that "in future, we direct the respondents not to file such MAs to add to the litigation of this Tribunal", which has led to the filing of the present writ petition. Relevant portion of the impugned Order dated 1.5.2014 passed in aforestated MA reads as under: