Delhi High Court
Darshan Lal vs Union Of India And Others on 25 November, 2022
Neutral Citation Number : 2022/DHC/005200
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 25th November, 2022
+ W.P.(C) 16299/2022 and C.M. No. 51020-21/2022
DARSHAN LAL ..... Petitioner
Versus
UNION OF INDIA AND OTHERS ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. S.K. Gupta, Advocate.
For the Respondents: Mr. Himanshu Pathak, Mr. Devvrat Yadav
and Mr. Krishna Kumar, Advocate for UOI.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
SANJEEV SACHDEVA, J (Oral)
1. Petitioner impugns order dated 30.11.2021, whereby the
Original Application filed by the petitioner has been dismissed by the
Central Administrative Tribunal (Tribunal).
Signature Not Verified
MAGGU
Signing Date:29.11.2022 15:11:57
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
Neutral Citation Number : 2022/DHC/005200
2. Issue notice. Notice is accepted by learned counsel appearing
for respondents.
3. With the consent of parties, the petition is taken up for final
disposal.
4. Petitioner had filed the subject petition seeking re-fixation of
the pay of the petitioner and setting aside of communication whereby
his pay had been fixed.
5. We notice that the Tribunal apart from noticing the contentions
of the petitioner as well as the respondents in the last paragraph has
rejected the petition holding as under:-
"10. Keeping in view the arguments advanced by
learned counsel for both the parties as well as perusing
the documents available on record, we are not inclined
to interfere with the re-fixation of the pay of the
applicant in the post of Assistant Director (OL). So far
as. the recovery from the applicant is concerned, it
shall not be effected as it is not a lapse on the part of
the applicant.
The OA is disposed of as above.
There shall be no order as to costs."
6. Apart from what is noticed in paragraph 10, there is no
consideration of the pleas of the parties emanating from the order or
any reasoning. We find that the impugned order is bereft of any
reasoning. Accordingly, the same cannot be sustained and calls for a
remit.
Signature Not Verified
MAGGU
Signing Date:29.11.2022 15:11:57
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
Neutral Citation Number : 2022/DHC/005200
7. In view of the above, the impugned order dated 30.11.2021 is
set aside. The Original Application is restored to the file of the
Tribunal. Tribunal is directed to dispose of the Original Application
by passing a speaking order after giving a fresh hearing to the parties.
8. Parties shall appear before the Tribunal for directions on
21.12.2022.
SANJEEV SACHDEVA, J.
TUSHAR RAO GEDELA, J.
NOVEMBER 25, 2022
NA
Signature Not Verified
MAGGU
Signing Date:29.11.2022 15:11:57
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
