Union of India Vs. Satya Prakash Vasisht  INSC 365 (20 September
Special leave granted.
Heard counsel on both sides.
are afraid the impugned order of the Tribunal cannot be sustained. The facts
clearly reveal that against the order of transfer the appellant herein had
obtained ad- interim stay from the Tribunal. While that stay was in operation,
he came to be relieved from his post on October 4, 1991, which was clearly contrary to the
letter and spirit of the Tribunal's order. It is, therefore, difficult to
understand how the Tribunal could in such circumstances say that the petition
had become infructuous. In fact the appellant can have a grievance that the
respondent had committed contempt by not obeying the interim order of the
Tribunal. We are not suggesting that any contempt action be taken but surely
the Tribunal could not have dismissed the petition of the appellant merely
because he was relieved with effect from October 4, 1991. We, therefore, allow this appeal,
set aside the order of the Tribunal and remit the matter to the Tribunal to
decide it in accordance with law.
will be no order as to costs.