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DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
Harsh Prakash – Appellant
Versus
Union of India – Respondent
JUDGMENT
Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)--This writ petition is directed against the order dated 25.09.2020, passed by the Central Administrative Tribunal [in short `the Tribunal'] in O.A. No.1323/2017.
2. Notice in this writ petition was issued on 14.12.2020. On that date, the respondents were represented by Mr Pradeep Kumar Sharma, Advocate, who was granted four weeks to file a counter-affidavit in the matter.
2.1. Admittedly, to date, the counter-affidavit has not been filed.
2.2. Today, once again, Mr. Sharma seeks an opportunity to file a counter-affidavit.
3. Mr Apurb Lal, who appears on behalf of the petitioner, on the other hand, says that, apart from the fact that there has been an enormous delay in filing the counter-affidavit, the same will not be necessary as, there are no averments in the writ petition which are not in line with what was stated by the petitioner in his original application [i.e., O.A No. 1323/2017] filed before the Tribunal.
3.1. Mr Sharma is not able to demonstrate that the petitioner has set up a case different, from what was stated before the Tribunal. All that Mr Sharma seeks is further time to fil
Procedural irregularities in an adjudicatory process cannot be sustained, and the person(s) who hear an aggrieved party must decide and render reasons.
A tribunal's decision must be made by the same bench that heard the case to ensure procedural fairness and adherence to natural justice.
Delay in filing a writ petition can justify dismissal, particularly when the petitioner fails to provide a reasonable explanation for the delay and lacks a sufficient legal basis for the claim.
Delay in approaching the court for promotion-related grievances, especially when part relief is already granted, is unacceptable, and the Tribunal's discretion in service counting under recruitment r....
A decision must be rendered by the same individuals who heard a case to ensure procedural fairness and consistency in adjudication.
Promotions within government services take effect prospectively and cannot be granted retroactively if the individual has already superannuated at the time of approval.
The court directed provisional participation in an interview while preserving the ability to contest eligibility, emphasizing that such permission does not confer rights pending further Tribunal acti....
Legal proceedings emphasize the necessity for civility, but dismissal should not occur without considering merits.
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