2023 (5) TMI 941

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....nch at Chennai in O.A.No.310/000216/2023 is put to test in the present writ petition. The second respondent in the said Original Application is the petitioner herein. 2. The leaned Additional Solicitor General, appears on behalf of the petitioner. Though notice had not been directed, we had the benefit of hearing Mr.M.Aravind Subramaniam, learned Senior Advocate on behalf of the second respondent, who was the petitioner in the Original Application before the Central Administrative Tribunal. 3. We are not delving into the facts in detail since, owing to the nature of order we propose to pass primarily directing the entire issue to be agitated before the Central Administrative Tribunal, we would place a few brief facts alone. 4. The ....

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.....2023, the matter was listed for further hearing on 09.06.2023. 6. It is contended by the learned Additional Solicitor General that on 27.04.2023 when M.A.No.266 of 2023 was taken up for hearing, time was sought for filing counter. However, on 27.04.2023, the order which is now complained, was passed and in that order it was observed that the second respondent herein had been out of service for more than 5 months and had been transferred to a nonsensitive post and since the suspension order had been stayed, it would amount to reinstatement of the second respondent herein. It had also been stated that it would only be appropriate that the second respondent is reinstated to the nonsensitive post to which he had already been transferred. Th....

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....red with by us and to that extent, we would give a further direction that such reinstatement shall be kept on hold and all issues can be agitated on 09.06.2023 in detail before the Central Administrative Tribunal. We are confident that Administrative Tribunal would be so doing on 09.06.2023. 11. It is also stated that a contempt application had been filed by the second respondent seeking reinstatement. 12. Learned Senior Counsel on behalf of the second respondent stated that the contempt application would not be pressed but we would give the privilege to the Central Administrative Tribunal to hear the Original Application, the Miscellaneous Application and the Contempt Application on on 09.06.2023. 13. That portion of the order dat....