WPC/4710/2026 of VIKAS KUMAR Vs THE UNION OF INDIA REPRESENTED THRO THE SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE on 7 July 2026

1. The Union of India represented through the Secretary, Ministry of Health and Family Welfare, Government of India, P.O. New Delhi GPO, P.S., Parliament Street Nirman Bhawan, New Delhi.

2. The Executive Director and C.E.O., All İndia Institute of Medical Sciences, Deoghar, Ramsagar, P.O. & P.S. Devipur, District Deoghar, Jharkhand - 814152.

3. The Deputy Director (Administration), All India Institute of Medical Sciences, Deoghar, Ramsagar, P.O. & P.S. Devipur, District Deoghar, Jharkhand 814152.

4. The Medical Superintendent, All India Institute of Medical Sciences, Deoghar, Ramsagar, P.O. & P.S. Devipur, District Deoghar, Jharkhand 814152.

5. The Inquiry Committee/Concerned Authority, constituted in relation to the case of the petitioner at AIIMS Deoghar, through the Executive Director and C.E.O., AIIMS Deoghar, P.O. & P.S. Devipur, Jharkhand.

... Respondents

CORAM

: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD

HON'BLE MR. JUSTICE SANJAY PRASAD

For the Petitioner : Ms. Bharti V. Kaushal, Advocate

: Mr. Prabhakaran Munda, Advocate

: Mr. Anuj Sarwesh, Advocate

For the Respondent : Mr. Prashant Pallav, ASGI

: Ms. Shivani Jaluka, AC to ASGI

------

02/Dated: 7th July, 2026

1. Heard learned counsel for the petitioner.

2. The present writ petition has been filed for quashing and setting aside the order dated 21.05.2026 passed in O.A. No. 169 of 2026, whereby the prayer of the petitioner for interim protection/stay interim has been rejected by the Central Administrative Tribunal, Patna Bench, Circuit Bench, Ranchi.

3. Learned counsel for the petitioner advanced elaborate submissions, meticulously pointing out the infirmities in the impugned order and further contending that the matter squarely falls within the parameters warranting grant of interim stay; however, despite such demonstration, the relief has been declined by the learned Tribunal.

4. At this juncture, Mr. Prashant Pallav, learned Additional Solicitor General of India, submitted that since the matter already stands posted by the learned Tribunal on 20th August, 2026 for filing of written statement; and considering the predicament of the petitioner in the interregnum, the said written statement will be filed well in advance of the next fixed date, so that any response thereto may also be placed on record before the ensuing date of hearing.

5. Further, it has been submitted that the refusal to grant interim stay constitutes the very subject matter of the present writ petition and the final adjudication of the dispute is pending before the learned Tribunal and, therefore, it would be more appropriate that a request be made to the Tribunal to decide the issue on the next fixed date.

6. Learned counsel for the petitioner has further submitted that, in view of the statement made on behalf of the learned Additional Solicitor General of India, as recorded hereinabove, she does not intend to press the instant writ petition any further.

7. This Court has taken into consideration the submission made by Mr. Prashant Pallav, learned Additional Solicitor General of India, to the effect that the written statement shall be filed before the learned Tribunal well in advance of the next date fixed, so that the same may be available for consideration on the ensuing date of hearing.

8. Let the written statement be filed within three weeks from today.

9. Let the response thereto, if any, be filed within two weeks.

10. Thereafter, by serving copy of the same in advance thereof, so that before the next date of hearing the pleading be completed and the matter be heard.

11. With the aforesaid observations and directions, the instant writ petition stands disposed of.

(Sujit Narayan Prasad, J.)

(Sanjay Prasad, J.) 7th July, 2026 Samarth Uploaded on 14.07.2026