DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
Pankaj Shukla – Appellant
Versus
Govt. of NCT Delhi – Respondent
| 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
Tribunals must provide reasoned judgments when closing cases; failure to do so invalidates their orders, necessitating further adjudication.
Court mandates compliance with Supreme Court rulings on affirmative action for Scheduled Castes, emphasizing the need for quantifiable data on backwardness.
The court established that procedural integrity must be maintained in administrative hearings, emphasizing that all parties should be adequately notified and heard on issues regarding the reopening o....
The court emphasized that dismissing a case without merit-based reasoning is improper, necessitating remand for a fresh adjudication.
A decision must be rendered by the same individuals who heard a case to ensure procedural fairness and consistency in adjudication.
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