CW 8188/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.8188/2008 Jagmohan Bagoria Versus Raj.Civ. Ser. Appellate Tribunal & (4)Ors. Date of Order ::: 02/09/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Sanjeev Prakash Sharma, for petitioner Counsel inter-alia submits that petitioner while working as Ranger Gr.II was transferred vide order dt.21/05/08 in pursuance whereof, he joined on 22/05/08 but respondent NO.5 being aggrieved, filed Appeal-540/2008 before Rajasthan Civil Service Appellate Tribunal, Jaipur wherein interim stay order was passed on 10/07/08 and matter was posted for 19/09/08 for affective service of notices. Counsel submits that as per procedure adopted by Tribunal, in such matters where notices are issued or stay has been granted, matter thereafter are listed before Registrar of the Tribunal and after affording sufficient opportunity, only thereafter it comes before the Tribunal. Counsel submits that since petitioner being aggrieved by interim stay order passed by Tribunal, immediately on service of notices, filed his reply to main appeal and so also application for vacation of ex parte order CW 8188/08 //2// application but since matter could not be heard, he filed another application for early listing on which Registrar of Tribunal has fixed the date 04/09/08 for one or the other reason but despite his best efforts, his application for vacation of interim order could not be heard, which is causing prejudice. Counsel has brought to the notice of this Court that Rules framed under the Act, 1976 certainly provides procedure but the fact is that an inbuilt procedure is being followed by Tribunal and matters are being fixed before Registrar on three occasions and only thereafter it comes before the Tribunal. His grievance is that in such matters where interim orders are passed by the Tribunal, parties who are aggrieved and affected thereby and file application, atleast must be afforded with an opportunity of hearing, in regard to vacation for interim relief which appellant has prayed for, which is causing prejudice to respondents before the Tribunal. Petitioner has challenged interim order passed by the Tribunal, anxiety of petitioner cannot be ruled out and certainly if interim order is passed, application has been filed by other side for vacation whereof, it is all the CW 8188/08 //3// more necessary that application pending before tribunal should be expeditiously heard and it is the only way by which party affected can be afforded opportunity of effective hearing which is the basic cardinal principle of administrative law. This Court refrains from examining merits of matter which is yet to be examined by Tribunal, however, at the same time, it is expected from the Tribunal that application filed seeking vacation for ad interim stay order and pending appeal before it, be expeditiously heard and finally disposed of in accordance with law without any further delay. With the directions (supra), writ petition stands disposed of. A copy of this order be sent to the Tribunal for compliance. (Ajay Rastogi), J. K.Khatri/p.3/8188CW08-0209trns.doc