Central Administrative Tribunal Chandigarh Bench KV Case wherein court analyzes how much of an order has been complied with the authorities.
Judgment Name- Fulfillment of Order (Jyoti Maini v. Union of India through the Secretary, Ministry of HRD )
Through this analysis, the author will try to understand the power of the court with respect to implementation of the order passed. This analysis will provide an in-depth assimilation of the extent of the power the courts enjoy in such cases. It will also highlight the importance of the extend of fulfillment of the order issued by the court. Lastly, with the help of the various points in the judgement of this particular case, this analysis will explain the concept of reasonable completion of the court order.
Also Read- CAT TRIBUNAL CHANDIGARH CASE KENDRIYA VIDYALAYA SANGATHAN (KV)
Facts
The learned counsel for the respondents states that as per order dated 6.7.2020 (Annexure MA-1) appeal dated 2.12.2019 of the applicant against her removal from service has been accepted and vide order dated 8.7.2020 (Annexure MA-2) she has been granted voluntary retirement w.e.f. 12.7.2019, as per her request. He, therefore, stated that this O.A has been rendered infructuous. A perusal of the O.A. shows that applicant had challenged Memo dated 24.9.2018 (Annexure A-7) vide which a notice under Article 81(d)(3) of Education Code for Kendriya Vidyalayas was issued informing that she has voluntarily abandoned her service and thereby provisionally lost lien on her post and order dated 2.9.2019 (Annexure A-11) under Article 81(d)(6) of the Education Code vide which she was removed from service w.e.f. 16.8.2018. The Appellate Authority has accepted her appeal vide order, MA-1, stating that her request for VRS w.e.f. 12.7.2019 can be accepted, if she is otherwise eligible for grant thereof, as per the extant rules and Deputy Commissioner, KVS, RO, Chandigarh (Respondent No.4) was directed to grant her VRS w.e.f. 12.7.2019, as per rules.
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Pursuant thereto, Respondent No. 4 has granted her VRS w.e.f. 12.7.2019 as per her own request. Thus, both the reliefs claimed by the applicant have been granted by the respondents. The learned counsel for the respondents further states that the DCRG and leave encashment of the applicant have also been sanctioned and would be released to her shortly. The amount of GPF has also been processed for payment to the applicant.
Issues Involved
(a) What are the requisites for an order to be considered to be substantially executed?
Also Read- S C Sharma vs Kendriya Vidyalaya Sanghthan
Rules and Laws
- Article 81(d)(6) of the Education Code- All the employees of Kendriya Vidyalayas as well as at the headquarter’s office of the Sangathan are subject to the disciplinary control of the Sangathan. It has been decided that the Central Civil Services (Classification, Control and Appeal) Rules, 1965, as amended from time to time, will apply mutatis mutandis to all members of the staff of the Sangathan and that the appointing, disciplinary and appellate authority for the various posts will be as in the Appendix XXII. (In the above Rules, for the words “Government Servant” wherever they occur, the words “ Member of staff of Kendriya Vidyalaya/Kendriya Vidyalaya Sangathan (Headquarter)”, may be substituted). All employees suspected of corrupt practices or breach of discipline shall normally be proceeded against in accordance with the provisions of the C.C.S. (C.C.A.) Rules, 1965, as it is only fair in accordance with the principles of natural justice that the accused employee is given an opportunity to explain his conduct before he is given any punishment.
Also Read- Kendriya Vidyalaya Sangathan Vs. Subhash Sharma
Findings of Court
The Court finds that the relief sought by the applicant has been substantially granted by the respondent KVS vide orders, The O.A. has, therefore, become infructuous and is disposed of accordingly.
Conclusion
In conclusion, we can say that, in such cases where the core of the case focuses on the fact that the court has the power to direct an authority to provide a judgement in case of delay. However when such a case where the substantial part of the order has already been fulfilled, the courts donot further indulge into it. This power is extremely crucial as it provides a system of checks and balances over the authorities.
Also Read- Cat judgments chandigarh | India Judgments | Law | CaseMine
This post is written by Aparna Tripathy.
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