Can an impugned order be implemented
Querist :
Anonymous
(Querist) 11 December 2011
This query is : Resolved
Sir,
A release order by services has been challenged in a tribunal which has admitted the appeal/petition and stated that "in the facts and circumstances, the release of the applicant on the basis of the impugned order dt xxxxxx shall be subject to the decision of the Tribunal in the OA."
Now Sir,
Can the impugned order dt XXXXX be implemented by the defendants? That is to can the applicant's salary etc be stopped post the order passed by the tribunal?
The OA has still not been decided.
However the respondents have staken a stand that the tribunal has not said that the release order be stopped. Therefor they continue to harass the applicant and force him to vacate govt Qrs and /or pay penal market rent etc and also stopped salary wef the date of release order.
Therefore the basic "Q" is if the release order is the impugned order, can the services with disregard to the Tribunal, go ahead and implement it?
Devajyoti Barman
(Expert) 11 December 2011
From the extract of the order mentioned above, it is not clear that the Tribunal has stayed the impugned order of release. It merely admits the case.
If that is so then the applicant would need to obtain first a specific order in that aspect to stop harassment of the employer.
Guest
(Expert) 11 December 2011
The sentence, "in the facts and circumstances, the release of the applicant on the basis of the impugned order dt xxxxxx shall be subject to the decision of the Tribunal in the OA," does not seem to be complete. The question arises, release from what?
Moreover, the release of whatever that be, is dependent upon the decision the Tribunal, which is yet awaited. Mere admission of appeal does not carry any weight of a stay order on the impugned order. Order has to be implemented unless that is decided later to be non-effective.
