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DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
Raghav Gupta – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. challenge to tribunal's order (Para 1 , 2) |
| 2. tribunal's decision & reasoning (Para 3) |
| 3. final disposal of the writ petition (Para 4 , 7) |
| 4. court's direction for de novo hearing (Para 5) |
| 5. application of previous judgment (Para 6) |
JUDGMENT
[Court hearing convened via video-conferencing on account of COVID-19]
Rajiv Shakdher, J. (ORAL):--This writ petition is directed against the order dated 27.10.2020, passed by the Central Administrative Tribunal [in short, "the Tribunal"] in OA No. 3701/2017.
2. According to Mr Pradeep Dahiya, who appears on behalf of the petitioners, via the impugned order, the Tribunal has disposed of, not only OA No. 3701/2017 but also OA No. 3913/2017. 2.1. Mr Dahiya, in this context, draws our attention to the judgment dated 08.12.2021, passed in the W.P.(C) No.12829/2021. This judgment was rendered by this Court qua the very same impugned order of the Tribunal, albeit in OA No. 3913/2017.
3. Mr Anurag Ahluwalia, who has entered appearance on behalf of the respondents, says that, in view of what has been noticed by this Court, he cannot argue to the contrary.
3.1. Given this circumstance, Mr Ahluwalia says that no formal reply needs to
A decision must be rendered by the same individuals who heard a case to ensure procedural fairness and consistency in adjudication.
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.
The court emphasized that dismissing a case without merit-based reasoning is improper, necessitating remand for a fresh adjudication.
The court cannot interfere with pending tribunal matters and emphasizes timely adjudication by the administrative tribunal.
The court emphasized the importance of a discussion on merits in the adjudication of the matter and the need for both sides to have the opportunity to present their respective stands before the Tribu....
A party cannot claim ignorance of judicial decisions when there is sufficient public notice of court proceedings, especially when they are familiar with judicial processes.
Timely adjudication is essential in legal matters, particularly for litigants with serious health concerns, and courts should ensure expedited hearings.
The court mandates the Tribunal to address pending applications promptly to ensure effective relief and maintain status quo for affected parties.
Court mandates compliance with Supreme Court rulings on affirmative action for Scheduled Castes, emphasizing the need for quantifiable data on backwardness.
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