Union Of India vs. F. Roy Choudhary
AI Summary
Get an AI-powered analysis of this court order
Order Issued After Hearing
Purpose:
Fixed Date by Court
Before:
Hon'ble Hon'Ble The Chief Justice, Hon'ble A.S. Bopanna
Stage:
AFTER NOTICE (FOR ADMISSION) - CIVIL CASES
Remarks:
List On (Date) [17-01-2022]
Listed On:
12 Mar 2021
In:
Judge
Category:
UNKNOWN
Interlocutory Applications:
54719/2020,54721/2020,3683/2021,
Original Order Copy
Get a certified copy of this order
Order Text
ITEM NO.23 Court 4 (Video Conferencing) SECTION III
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No.10577/2020
(Arising out of impugned final judgment and order dated 16-09-2019 in SCA No.3099/2005 passed by the High Court of Gujarat at Ahmedabad)
UNION OF INDIA Petitioner(s)
VERSUS
F. ROY CHOUDHARY & ORS. Respondent(s)
(With appln.(s) for IA No. 54721/2020 - DELETION PARTIES, IA No.3683/2021 - APPROPRIATE ORDERS/DIRECTIONS, IA No.54719/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)
Date : 03-12-2021 These matters were called on for hearing today.
CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE A.S. BOPANNA
| For Petitioner(s) | Mr. Zoheb Hossain, Adv.<br>Mr. M.K. Maroria, Adv.<br>Mr. Vivek Narayan Sharma, Adv. |
|---|---|
| For Respondent(s) | Ms. Meenakshi Arora, Sr. Adv.<br>Mr. Kumar Parimal, Adv.<br>Mr. Smarhar Singh, AOR |
| Dr. Krishan Singh Chauhan, AOR<br>Mr. Ajit Kumar Ekka, Adv.<br>Mr. R.S.M. Kalky, Adv.<br>Mr. S.P. Singh, Adv.<br>Mr. Ravi Parkash, Adv. |
1
UPON hearing the counsel the Court made the following O R D E R
- 1 Mr Zoheb Hossain, learned counsel appearing on behalf of the Union of India has, while adverting to paragraph 3 of the order of this Court dated 1 September 2020, stated that SLP (C) No 30621 of 2011 [Jarnail Singh and Others vs Lachhmi Narain Gupta and Others] has been reserved for judgment by a three-Judge Bench of this Court on 26 October 2021.
- 2 Since the outcome of the above proceedings will have some bearing on the issues which arise in the present case, it would be appropriate to await the judgment of the three-Judge Bench.
- 3 The Special Leave Petition shall be listed for hearing on 17 January 2022 to await the outcome of the above case which has been reserved for judgment.
IA No 3683 of 2021 in SLP(C) No 10577/2020
-
1 IA No 3683 of 2021 has been filed with a grievance that on 24 December 2020, promotion orders have been issued (Office Order No 156 of 2020) covering inter alia officers belonging to the reserved category, contrary to the judgment of the High Court.
-
2 Ms Meenakshi Arora, learned senior counsel appearing on behalf of the applicant submitted that the judgment of the High Court was not stayed by this Court and in paragraph 9 of the order dated 1 September 2020, it was only observed that no coercive steps shall be taken against the petitioner (the Union of India) on the basis of the impugned judgment and order of the High Court. Moreover, it has been submitted that Sl Nos 7, 9, 11, 14 and 16 in the promotion list which is extracted at paragraph 14 of the interlocutory application were, in fact, the petitioners in an earlier Special Leave Petition against the judgment of the High Court which was dismissed by this Court.
-
3 Since the Office Order making the promotions has been issued nearly a year ago, on 24 December 2020, at this stage, the only appropriate order to pass should be that the promotions which have been made during the pendency of the present proceedings will abide by the result of the proceedings.
-
4 The interlocutory application is disposed of in the above terms.
(CHETAN KUMAR) (SAROJ KUMARI GAUR) A.R.-cum-P.S. Court Master