UNION OF INDIA Vs. MD YUNUS

JUDGEMENT

(1.) The respondent has filed O.A. (Original Application) No.43/286/2017 titled "Dr. Mohd. Yunus v. NEIGRIHMS" before the Central Administrative Tribunal, Guwahati Bench, Guwahati with a prayer that the petitioners herein to accept the technical resignation of the respondent herein which he had submitted on 26.07.2017, with a further prayer to relieve him from the post of Additional Professor of Anesthesiology, North Eastern Indira Gandhi Regional Institute of Health and Medical Science, Shillong forthwith, so as to enable him to join as Professor of Trauma & Emergency at AIIMS, Bhopal.

(2.) The Tribunal vide its order dated 27.11.2017 had directed the petitioners (respondents therein) to file reply and also to file Vigilance Clearance, MCI inspection report, magisterial committee report of the State Government of Meghalaya, minutes of the meeting of senior officers and the reports of the enquiry officer. The Director of NEIGRIHMS, Shillong was also directed to remain present to assist the Tribunal. Dissatisfied with the said order, instant petition has been filed.

(3.) While considering the petition, vide interim order dated 07.12.2017, it has been observed that the petitioners (Union of India & others) are aggrieved particularly of the direction regarding filing of Vigilance Clearance, which, according to the respondents (petitioners herein), could not be filed at that stage because the inquiry was under contemplation. Noticing the peculiar features of the case, the petition was admitted and operation of the order dated 27.11.2017 was directed to remain stayed.