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2026 Supreme(Del) 726

IN THE HIGH COURT OF DELHI AT NEW DELHI
C. HARI SHANKAR, OM PRAKASH SHUKLA, JJ.
Usha Anand - Petitioner
Versus
Union Of India And Others - Respondents
W.P.(C) 11139 OF 2021
Decided On : 19-05-2026

Advocates Appeared:
For the Petitioner: Dr. K.B.S. Rajan, Sr. Adv. With Mr. Mahesh Kumar and Mr. Hitain Bajaj, Advs.
For the Respondent: Ms. Richa Dhawan, Sr. Panel Counsel with Mr. Anuj Chaturvedi and Mr. Yashita Jain, Advs.

Adjudicatory authorities are mandate-bound to provide reasoned orders that reflect an application of mind towards all contentions raised by parties. An order that ignores substantive arguments and fails to justify its conclusions is legally unsustainable and subject to reversal.

Headnote:(A) Administrative Law - Quasi-judicial orders - Requirement of reasoned orders - Duty of adjudicating authorities - It is axiomatic that, in every case, application of mind by the adjudicating authority to the various contentions advanced before it has to be reflected in the order passed - Failure to address submissions advanced in proceedings renders an order unreasoned and liable to be set aside. (Paras 5 and 6)

Facts of the case:
The petitioner, an employee, faced disciplinary proceedings leading to penalties, including grade reduction and compulsory retirement, based on allegations of improper conduct. Challenging these penalties, the petitioner initiated proceedings before the adjudicating authority. The authority sustained the punishments without deliberating upon the specific grounds of challenge raised by the petitioner.

Findings of Court:
The Court noted that the impugned judgment failed to discuss the substantive submissions advanced by the petitioner, limiting itself to a cursory observation regarding the nature of the alleged misconduct. An order that fails to reflect an application of mind to the merits of the contentions is legally unsustainable.

Issues: Whether an adjudicating authority is required to provide a reasoned order that addresses the specific legal and factual contentions raised by a party challenging disciplinary actions.

Ratio Decidendi: Quasi-judicial bodies bear an inherent obligation to record reasons and demonstrate an application of mind to all contentions canvassed before them. The absence of such reasoning is fatal to the validity of the order, necessitating a remand for de novo consideration to ensure a proper and fair determination of the merits.

Result: Petition allowed; impugned order quashed and set aside; matter remanded for fresh consideration.

Table of Content
1. requirement of reasoned orders and application of mind by adjudicatory bodies. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. remand and procedural directions for expedited adjudication. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13)

JUDGMENT :

C. HARI SHANKAR, J.

1. Having heard Dr. Rajan, learned Senior Counsel appearing for the petitioner and Ms. Richa Dhawan, learned Senior Panel Counsel for the respondents, we are inclined to set aside the impugned order dated 8 August 2019 passed by the Central Administrative Tribunal“the Tribunal”, hereinafter solely on the ground that the order does not address the merits of the various contentions advanced by the petitioner in the two OAs instituted by her, i.e., OA 3127/2014 and OA 507/2016, which stand decided by the said judgment.

2. In view of the order that we propose to pass, it is not necessary for us to delve deep into the facts. Suffice it to state that, primarily on the allegation that she misbehaved with her colleagues, the petitioner was visited with two charge sheets, resulting in two orders of punishment, the first dated 7 May 2013, awarding the punishment of reduction of grade pay by three years and the second dated 16 March 2015 awarding the punishment of compulsory retirement from service.

3. We have seen the OAs filed by the petitioner, which raised various grounds by way of challenge to the merits of the allegations against her.

4. However, the impugned judgment passed by the Tribunal does not address any of the submissions advanced in the OAs, and merely states that, as the case against the petitioner was one of misbehaving with colleague, the punishment awarded did not call for interference.

5. It is axiomatic that, in every case, application of mind by the Tribunal to the various contentions advanced before it has to be reflected in the order passed by the Tribunal. Additionally, we may note, in the present case, that the petitioner is a differently abled woman employee.

6. Without, therefore, returning any opinion, even tentative, on the merits of two OAs, we set aside the impugned judgment dated 8 August 2019 on the ground that it is unreasoned. The OAs are remanded for reconsideration by the Tribunal de novo.

7. All contentions of fact and law would remain open to be advanced before the Tribunal by both sides.

8. In order to expedite matters, we direct the parties to appear before the Tribunal on 3 July 2026.

9. Neither side would be entitled to take any adjournment on the said date.

10. We are informed that the petitioner is now over 70 years of age. We, accordingly, request the Tribunal to deal with the matter expeditiously and to decide as early as possible, preferably within three months of hearing of the OAs.

11. In order to facilitate the Tribunal, both sides would place on record, before the Tribunal, brief written submissions, not exceeding four pages each, covering both the OAs, after exchanging copies with each other, at least a week in advance of the date of hearing fixed by us.

12. The impugned order is quashed and set aside. The writ petition stands allowed to the aforesaid extent ,without expressing any opinion on the merits of the OAs.

13. Needless to say, the Tribunal would proceed uninfluenced by the order under challenge in this petition.

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