Pankaj Shukla vs Govt. of NCT Delhi

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IN THE HIGH COURT OF DELHI
Rajiv Shakdher, Talwant Singh, JJ.
Pankaj Shukla - Appellant
Versus
Govt. of NCT Delhi - Respondent
W.P.(C) 7329 of 2021
Decided On : 30-07-2021

Important Points

Tribunals must provide reasoned judgments when closing cases; failure to do so invalidates their orders, necessitating further adjudication.

Subject

Administrative Law - Judicial Review

Act Referred

ADMINISTRATIVE TRIBUNAL ACT: S.19, S.22
CONSTITUTION OF INDIA: Art.226

Headnote

(A) Central Administrative Tribunal Act - Writ Petition against order of Central Administrative Tribunal concerning earlier judgments and applicability of Supreme Court rulings - Tribunal's brief order did not assess the application of relevant law to the petitioners' case, necessitating its set aside. (Paras 2, 4)

(B) Principles of judicial review - Importance of reasoned judgments in administrative adjudication; failure to provide reasons invalidates the decision. (Para 4.1)

Facts of the case:
The writ petition contests an order closing several OAs by the Central Administrative Tribunal without adequately considering the applicability of a prior judgment from this Court or the Supreme Court's ruling.

Findings of Court:
The Tribunal did not fulfill its obligation to provide a reasoned order, leading to the restoration of the OAs for further adjudication.

Issues: Whether the Tribunal correctly applied legal precedents and provided adequate reasoning for its decisions.

Ratio Decidendi: The requirement for the Tribunal to issue a reasoned decision is established, and its failure to do so is grounds for setting aside the order.

Result: The impugned order is set aside and OAs are restored for adjudication.

Table of Content
1. petition directed against tribunal's order. (Para 2 , 3)
2. tribunal's need for substantive adjudication. (Para 4)
3. restoration of o.a.s for adjudication. (Para 5)

JUDGMENT

Rajiv Shakdher, J.: (ORAL)

[Court hearing convened via video-conferencing on account of COVID-19]

CM APPL. 23075/2021 & CM APPL. 23076/2021

1. Allowed, subject to just exceptions.

W.P.(C) 7329/2021

2. This writ petition is directed against the order dated 15.02.2021, passed by the Central Administrative Tribunal (in short `the Tribunal) in O.A. nos. 995/2019, 1789/2020 and 1791/2020.

2.1. The Tribunal, by way of a brief order, has closed the O.A.s, as a contempt petition is pending in this Court, against the judgement dated 06.11.2013, passed by this Court, in W.P. (C) 6798/2002 titled `Sonia Gandhi & Ors. v. Govt. of NCT of Delhi & Ors.'

3. Ms. Avnish Ahlawat, who appears on advance notice on behalf of the respondents, says that the said judgement does not apply to the petitioners.

3.1. Ms. Ahlawat has gone on to state that the judgement of the Supreme Court rendered in `Secretary State of Karnataka & Ors. vs. Uma Devi & Ors. 2006 (4) SCC 1' would also not apply to the petitioners, as they had joined the service, after the said judgement was rendered.

4. Clearly, even according to the respondents, the matter requires adjudication on merits.

4.1. We are also of the opinion that if the Tribunal was of the view that the judgement in Sonia Gandhi (Supra) was applicable to the petitioners, it could have disposed of the matter, after giving reasons, in terms of the said judgement. The Tribunal has done neither, and therefore, the impugned order is set aside.

5. The O.A.s referred to hereinabove, will stand restored to their original position. The Tribunal will dispose of the same, on merits, after hearing both the sides. Since the aforementioned O.A.s, even according to the Tribunal, have been pending for quite some time, the Tribunal is requested to take up, and dispose of the same, at the earliest.