DEEPAK SHARMA Vs. UNION OF INDIA & ORS
LAWS(CAL)-2018-6-44
HIGH COURT OF CALCUTTA
Decided on June 19,2018

DEEPAK SHARMA Appellant
VERSUS
Union of India And Ors Respondents

JUDGEMENT

Biswanath Somadder, J. - (1.) Let the affidavit-of-service filed in Court today be taken on record.
(2.) This is an application under Article 226 of the Constitution. The subject-matter of challenge is an order passed by the Central Administrative Tribunal, Kolkata Branch, Kolkata, on 11th June, 2018. For convenience, the said order dated 11th June, 2018, in its entirety, is reproduced hereinbelow: - "Ld. Counsel for the applicant is present and files affidavits of service. 2. Ld. Counsel for the applicant vociferously prays for an interim order praying for continuance of the applicant at the Regional Directorate-NSS, Kolkata till the final adjudication of the instant application. 3. Perused grounds on which relief/interim relief has been sought. 4. Before any decision is invoked under Section 24 of the Administrative Tribunal's Act, 1985 in this matter, in the interest of justice, the respondents ought to be heard. 5. The respondents are hence directed to file a short reply on the point of grant of interim relief and two weeks' time is granted to the respondents accordingly. 6. List this matter on 10.7.2018. 7. Mr. P. Mukherjee, Ld. Counsel later appears and submits that he will be filing his Memo of Appearance shortly in the matter. Plain copy of the order be handed over to ld. Counsel for the parties."
(3.) Even on a bare perusal of the impugned order reveals no palpable infirmity or perversity which would warrant any interference at this stage. No legally enforceable right of the writ petitioner has been taken away or curtailed by the order dated 11th June, 2018. The question of grant of interim relief to the writ petitioner has been kept open to be decided after the respondents file a short reply on the point of grant such relief within two weeks' time. The matter for grant of interim relief has been posted for consideration on 10th July, 2018.;


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