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DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
Kapil Gurjar – Appellant
Versus
Ministry of Railway – Respondent
| Table of Content |
|---|
| 1. court's direction on petitioner's concerns (Para 1 , 4 , 7) |
| 2. delay in constituting full bench affecting petitioner (Para 2) |
| 3. petitioner's interest impacted by delay (Para 3 , 6) |
| 4. writ petition disposed with directions (Para 5 , 8) |
JUDGMENT
[Court hearing convened via video-conferencing on account of COVID-19]
Rajiv Shakdher, J. (Oral):
CM APPL. 3896/2022
1. Allowed, subject to just exceptions.
W.P.(C) 1345/2022
2. The one and only grievance articulated in the instant writ petition is that the full bench as directed by the Tribunal via order dated 16.09.2021, passed in OA No.42/2020, has not been constituted.
3. Mr Ravi Kumar, learned counsel for the petitioner, says that the delay in constituting the full bench is causing detriment to the interest of the petitioner.
4. Issue notice.
4.1. Mr. Jagjit Singh accepts notice on behalf of the respondents.
5. Mr Singh says that, in view of prayer made in the writ petition, it may be taken up for disposal, at this stage.
6. Having regard to the assertions made in the writ petition and the prayer made therein, we request the Chairperson of the Central Administrative Tribunal [in short "the Tribunal"] to addr
Timely constitution of a full bench by the Tribunal is essential to protect the rights and interests of parties involved, and delays in administrative processes must be addressed expeditiously.
The court cannot interfere with pending tribunal matters and emphasizes timely adjudication by the administrative tribunal.
Timely adjudication is essential in legal matters, particularly for litigants with serious health concerns, and courts should ensure expedited hearings.
A decision must be rendered by the same individuals who heard a case to ensure procedural fairness and consistency in adjudication.
The court mandates the Tribunal to address pending applications promptly to ensure effective relief and maintain status quo for affected parties.
Delay in filing a writ petition undermines its viability, especially when an expert opinion supports the decision being contested.
The court affirmed the necessity for tribunal adherence to procedural fairness and the importance of protecting applicants' rights pending substantive hearings, particularly in examination and select....
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.
The court emphasized that dismissing a case without merit-based reasoning is improper, necessitating remand for a fresh adjudication.
Legal proceedings emphasize the necessity for civility, but dismissal should not occur without considering merits.
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