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DELHI HIGH COURT
G.S.SISTANI, ANUP JAIRAM BHAMBHANI
Delhi Subordinate Services – Appellant
Versus
Surender Pal – Respondent
| Table of Content |
|---|
| 1. petition under article 226 against tribunal decision. (Para 1) |
| 2. petitioner's arguments on procedural fairness. (Para 2 , 3) |
| 3. respondent's justification for non-participation. (Para 4 , 5 , 6) |
| 4. court's initial assessment of the facts. (Para 7 , 8) |
| 5. court's skepticism towards the respondent's illness. (Para 9 , 10) |
| 6. public interest in maintaining examination integrity. (Para 11 , 12) |
| 7. writ petition allowed; tribunal's order set aside. (Para 13 , 14 , 15) |
JUDGMENT
G.S. Sistani, J. (Oral)--This is a petition filed under Article 226 of the Constitution of India. The petitioner is aggrieved by the decision dated 19.09.2018 rendered by the Central Administrative Tribunal (`Tribunal') by which the following directions have been passed:
"Considering the nature of relief prayed for, without insisting on reply from the respondents, we dispose of this OA at the admission stage itself with a direction to the respondents to allow the applicant to participate in the PET whenever it is held next. We also expect that the respondents would conduct PET as early as possible, preferably within a month. Needless to say that in case the applicant clears the PET, the respondent (DS
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