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IN THE HIGH COURT OF DELHI
Rajiv Shakdher, Talwant Singh, JJ.
Onkari Prasad - Appellant
Versus
Union of India - Respondent
W.P.(C) 2444 of 2020
Decided On : 08-11-2021
Important Points
Subject
Administrative Law - Judicial Review of Administrative Decisions
Headnote
(B) Judicial Review - The impugned order lacked merit-based discussion, warranting remand for fresh adjudication. (Paras 3-4.1)
Facts of the case:
The petitioner challenged a Tribunal order claiming the matter was improperly dismissed due to similarity with another case.
Findings of Court:
The Tribunal's order was set aside and the case remitted for reconsideration on merits, allowing parties to present their arguments.
Issues: The key issue was whether the Tribunal appropriately dismissed the case without merit consideration.
Ratio Decidendi: The court observed that a lack of substantive discussion in the Tribunal's order necessitated a remand for a merits-based evaluation.
Result: Writ petition disposed of with directions for fresh adjudication.
| Table of Content |
|---|
| 1. challenge to a tribunal's order (Para 1 , 2) |
| 2. different facts require merits examination (Para 3) |
| 3. order set aside for fresh adjudication (Para 4) |
| 4. writ petition disposed of (Para 5) |
JUDGMENT
Rajiv Shakdher, J. (ORAL):
[Court hearing convened via video-conferencing on account of COVID-19]
1. 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.
