Courts don’t interfere unless action suffers from vice of illegality: CAT

Srinagar, Mar 17:  The Central Administrative Tribunal (CAT) has held that the courts do not interfere in the administrative affairs of the government unless the action suffers from vice of illegality or procedural impropriety.

“The law is no more res integra (an entire thing) that generally courts do not interfere in the administrative affairs of the government unless the administrative action suffers from the vice of illegality, irregularity or procedural impropriety,” a bench of M S Latif, Member (J), said.

The court said this in response to a government employee’s plea wherein she had sought direction to the authorities for permission to proceed on three months' Child Care Leave in the Netherlands, where her husband works and their son was born there on April 26, 2023.

The petitioner submitted that on May 16 last year, she was granted maternity leave following which she applied for Station Leave Permission before the authorities and accordingly sanction was granted in her favour vide order dated March 24, 2023.

On her return from the Netherlands, she assumed her duties on October 29, 2023.

The petitioner submitted that her son who was born in the Netherlands was suffering from a medical condition called Sacral Dimple, which needed to be regulated by undertaking regular medical checkups.

She submitted that the immunisation schedule of her nine-month-old son was to be completed in the Netherlands as that had been initiated there.

Disposing of the application at the preadmission stage, the tribunal asked the respondents (authorities) to consider the representation of the petitioner filed by her dated February 1, 2024, and dated December 22, 2023, following the rules.

However, it asked the authorities to adhere to the circular issued by the competent authority regarding the subject and decide the case of the petitioner expeditiously within two weeks by way of a speaking order on its merits and judiciously in the facts and circumstances.

“The petitioner is also free to approach respondents who are directed to give her a personal hearing as well if requested,” the tribunal said.