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2021 Supreme(Del) 1484
IN THE HIGH COURT OF DELHI AT NEW DELHI
Rajiv Shakdher, Talwant Singh, JJ.
Dr. Onkari Prasad - Appellant
Versus
Union Of India & Anr. - Respondents
Civil Writ Petition No. 2444 of 2020
Decided On : 08-11-2021
Important Points
Subject
Administrative Law - Tribunals and Administrative Authorities
Headnote
Tribunal Order - Writ Petition - The impugned order passed by the Tribunal was set aside and the matter remanded for fresh adjudication on the merits of the matter.
Fact of the Case:
The writ petition was filed against the order of the Central Administrative Tribunal dismissing the original application (O.A. No. 1762/2015) based on the similarity to another case (O.A. No. 1229/2016) which was also dismissed by the Tribunal.
Finding of the Court:
The court found that the impugned order passed by the Tribunal lacked discussion on merits and therefore set it aside, remanding the matter for fresh adjudication on the merits.
Issues: The issue revolved around the dismissal of the original application by the Tribunal without a discussion on merits, based on the similarity to another case.
Ratio Decidendi: The court's decision was influenced by the lack of discussion on merits in the impugned order and the need for a fresh adjudication on the merits of the matter.
Final Decision: The writ petition was disposed of with the setting aside of the impugned order and remanding the matter to the Tribunal for fresh adjudication on the merits.
M K Bhardwaj, Advocate, Ridam Arora, Advocate, Rakesh Kumar, Advocate, Kavindra Gill, Advocate
JUDGMENT
Rajiv Shakdher, J. - This writ petition is directed against the order dated 14.02.2019, passed by the Central Administrative Tribunal [in short, “the Tribunal”] in O.A. No. 1762/2015.
2. The aforesaid O.A. was dismissed by the Tribunal, via a cryptic order, in view of their reading of the matter; which was, that the issue which arose in the O.A., was similar to the one which arose for consideration in O.A. No. 1229/2016.
2.1. To be noted, O.A. No. 1229/2016 was dismissed by the Tribunal, vide order dated 30.11.2018 [sic 30.10.2018].
2.2. Against the aforementioned order dated 30.10.2018, a writ petition has been filed before us, which is listed today and is numbered as W.P.(C) No. 3213/2019.
3. Learned counsel for the parties submit that, the facts obtaining in W.P.(C) No. 3213/2019 are different, and therefore, the matter at hand would have to be decided on merits.
4. As indicated above, there is no discussion on merits in the impugned order passed by the Tribunal .
4.1. Therefore, the impugned order passed by the Tribunal is set aside. The matter is remanded to the Tribunal, for fresh adjudication, albeit on the merits of the matter.
4.2. Needless to add, both sides will be given due opportunity, to place their respective stands before the Tribunal.
5. The writ petition is disposed of in the aforesaid terms.
