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V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Vijay Kumar Mehta – Appellant
Versus
Chief Secretary, Govt. of NCT of Delhi – Respondent
JUDGMENT
V. Kameswar Rao, J. (Oral)
CM APPL. 37850/2023
1. Exemption allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P.(C) 9845/2023
3. The challenge in this writ petition is to an order dated April 20, 2023 passed by the Central Administrative Tribunal (`Tribunal' in short) in O.A. No. 2696/2019, whereby the Tribunal has allowed the Original Application by stating in as under:
"5. CONCLUSION:
We are bound by the ratio of the decision rendered by the Hon'ble Apex Court in the case of State of Punjab and others vs. Rafiq Masih, (2015)4 SCC 334, which has been duly considered in the case of M.P. Medical Officers Association (supra). In view of the above factual matrix and analysis, the Impugned Office Order dated 06.02.2018 being un-sustainable in the eyes of law is hereby quashed and set aside. The respondents shall take corrective action accordingly in accordance with law. The said directions shall be complied with within a period of six weeks from the date of receipt of a certified copy of this order.
6. The OA is disposed of with the above directions.
7. No order as to costs.
8. The Court Officer is directed to return the record produced by the applicant
The court has the power of judicial review in disciplinary proceedings and can set aside orders if they are not in accordance with the law.
The court has the authority to revive an Original Application for further consideration and can remand the matter for fresh consideration by the Tribunal.
Timely adjudication of pending applications
Courts emphasize the importance of reasoned and speaking orders, and the need for tribunals to consider and address the grounds raised by the parties.
The appointment of the last selectee to the post shall be subject to the outcome of the Original Application.
The interest on the gratuity was to be paid one month after July 27, 2012, as directed by the Tribunal, and not from 2004 as claimed by the respondent.
The principle of parity and the consideration of back wages in accordance with law.
The main legal point established in the judgment is the requirement for verification of relevant experience and procedural formalities in considering the candidature for appointment.
The Tribunal must assess the merits of claims and address any procedural errors in applications for restoration and review, ensuring the proper exercise of judicial authority.
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