Suresh Chandra Saxena vs Union Of India & Ors.
2020 Latest Caselaw 2460 Del

#6
       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                        Judgment Delivered On: 21.08.2020

W.P.(C) 5743/2003

SURESH CHANDRA SAXENA                                  .....Petitioner


                              versus


UOI & ORS                                              ......Respondents

Advocates who appeared in this case:
For the Petitioner    : Mr. Ritwik Parikh, Advocate
For the Respondents   : Mr. V.S.R. Krishna, Advocate

CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE TALWANT SINGH

                              JUDGMENT

SIDDHARTH MRIDUL, J. (via Video Conferencing)

The present matter has been taken up for hearing by way of

Video Conferencing on account of COVID-19 pandemic.

1. The present writ petition under Articles 226 and 227 of the

Constitution of India assails the orders dated 25.06.2003 and

29.07.2003, passed by the Central Administrative Tribunal, Principal

Bench, New Delhi (for short 'the Hon'ble CAT) in O.A.

No.2592/2002, as well as, in R.A. No.215/2003 in O.A. No.

2592/2002, titled as 'S.C. Saxena vs. Union of India & Anr.',

principally on the ground that, the said impugned orders were

rendered without affording the Petitioner an opportunity of being

heard, in support of his claim.

2. In view of the foregoing, since the petitioner was denied an

opportunity of being heard before rendition of the orders impugned

herein, we restore the O.A. No. 2592/2002, on the file of the Hon'ble

CAT and direct the latter to adjudicate afresh the said O.A. We,

therefore, set aside the said impugned orders dated 25.06.2003 and

29.07.2003 and remit the matter back to the Hon'ble CAT for de novo

hearing of the said O.A. No.2592/2002 titled 'Suresh Chandra Saxena

vs. Union of India & Ors.'

3. The parties are directed to appear before the Hon'ble CAT for

the said purpose, in the first instance on 03.09.2020.

4. The Hon'ble CAT requested to take up the matter for hearing

expeditiously, in view of the circumstances that, the petitioner's claim

has remained un-adjudicated since 2002 and dispose of the same

preferably within a period of four months from the date of first hearing

before it.

5. No further directions are called for.

6. With the above directions, the writ petition is disposed of.

7. A copy be sent to the Registrar, Central Administrative

Tribunal, Principal Bench, New Delhi for necessary information and

compliance.

8. The Registry is directed to provide a copy of this judgment be

provided electronically to learned counsel appearing on behalf of both

the parties and be uploaded on the website of this Court forthwith.

SIDDHARTH MRIDUL (JUDGE)

TALWANT SINGH, J (JUDGE) AUGUST 21, 2020 dn/nk

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