SAMIR TOPPO Vs. UNION OF INDIA

JUDGEMENT

(1.) Defects ignored.

(2.) It appears that before the Central Administrative Tribunal (Circuit Bench), Ranchi, O.A. No. 213 of 2011 (R) is pending wherein in spite of objection of the original applicant/writ petitioner, no reply has been filed and furthermore even no reply has been filed for contesting the interim relief prayed by the writ petitioner.

(3.) The petitioner's contention is that by granting more time for filing reply, for even interim relief factually amounts refusal to grant interim relief and that too because of fault of other party. However, the petitioner looking to the dilatory tactic approached this Court by filing writ petition being W.P. (S) No. 7451 of 2011 wherein after taking note of the events of not filing the reply by the Union of India, the Division Bench of this Court observed that "It goes without saying that if any new penal is prepared, the same should be subject to the orders passed on the prayer for interim relief/order passed finally in the main application filed before the CAT." This Court then directed the respondent-Railway shall file the pleadings in main O.A as well as on the prayer for interim relief by 13.1.2012 and reply/rejoinder, if any, obviously by the writ petitioner/original applicant before the CAT, may be filed by 25.1.2012 and the Court observed that parties are expected to cooperate in the early disposal of the main O.A/prayer for interim relief.