ABHISHEK KUMAR SINGH v. G. PATTANAIK & ORS.

A open to the parties to be pursued before the High Court in pending proceedings. Consequently, we would dispose of the transfer petition, as well as, the writ petition by relegating the petitioners therein including the applicants in intervention/impleadment applications, to pursue their grievance in the form of writ petitions before the High Court, which could be heard by the High Court analogously along with all other pending B writ petitions involving overlapping issues to obviate any inconsistency and conflicting findings regarding the same subject matter in any manner. Indeed, in the event the High Court agrees with the conclusion recorded by the respondents in the stated order dated 2.3.2020, that it is not possible to segregate the tainted from the untainted candidates, the High Court C would be bound by the observations made by us in this judgment. For, in that eventuality, in law, it would not be necessary for the respondents to give prior hearing or afford opportunity to the petitioners and similarly placed persons before annulling the entire selection process and issuing the termination order under challenge.

71Copy pinpoint71. Accordingly, while discharging the show-cause notices issued in the concerned contempt petitions and disposing of all the contempt petitions, we deem it appropriate to relegate the petitioners in the transfer petition and the writ petition filed in this Court, before the High Court to pursue their remedy under Article 226 of the Constitution to assail the order dated 2.3.2020 with further direction that all petitions involving overlapping issues and referred to in Annexure R-29 of the Supplementary Affidavit or any other writ petition pending or to be filed, list whereof be furnished by the parties to the High Court, for being heard analogously. We request the High Court to expeditiously dispose of the writ petitions, leaving all contentions other than decided in this judgment, open to the respective parties to be raised before the High Court. The same be decided on its own merits as per law.

72Copy pinpoint72. In view of the above, we pass the following order: - (1) Show-cause notices issued in the respective contempt petitions stand discharged. Contempt petitions are dismissed; G (2) The transfer petition stands rejected, as a result of which the writ petitions referred to therein will now proceed before the High Court in terms of this judgment; (3) The writ petition is disposed of with liberty to the petitioners therein including applicants in intervention/impleadment H

ABHISHEK KUMAR SINGH v. G. PATTANAIK & ORS. 349 [A. M. KHANWILKAR, J. ]

applications to pursue their remedy before the High Court A by way of writ petition under Article 226 of the Constitution, if so advised. That writ petition be decided on its own merits in accordance with law keeping in mind the observations made in this judgment along with other pending or fresh writ petitions involving similar issues; and B (4) We request the High Court to take up all writ petitions involving overlapping issues together for analogous hearing expeditiously. We leave all contentions open except the issues decided in this judgment.

73Copy pinpoint73. There shall be no order as to costs. All pending interlocutory C applications stand disposed of in terms of this judgment.

Devika Gujral Petitions disposed of.