Delhi High Court
Mewa Lal Mahto vs Union Of India on 26 May, 2023
2023:DHC:3706-DB
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: May 26, 2023
+ W.P.(C) 7415/2023 & CM APPL. 28859/2023
MEWA LAL MAHTO ..... Petitioner
Through: Mr. Tushar Ranjan Mohanty,
Ms. Payal Mohanty and Ms. Saumya
Punnia, Advs.
versus
UNION OF INDIA ..... Respondent
Through: Mr. Subhash Tanwar, CGSC
with Mr. Sandeep Mishra and
Mr. Ashish Choudhary, Advs.
for UOI
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
V. KAMESWAR RAO, J. (ORAL)
CM APPL. 28859/2023
Allowed, subject to just exceptions.
Application disposed of.
W.P.(C) 7415/2023
1. The challenge in this writ petition is to an order dated April 26, 2023
passed by the Central Administrative Tribunal, Principal Bench, New Delhi
in O.A. 1237/2021 whereby the Tribunal while disposing of the O.A. has in
paragraph 7 of the order stated as under:-
Signature Not Verified
Digitally Signed
By:JYOTIRMOY GHOSH W.P.(C) 7415/2023 Page 1
DASTIDAR
Signing Date:27.05.2023
16:33:02
2023:DHC:3706-DB
"7. The Hon'ble High Court of Delhi in the case of Abhishek
Yadav (supra) by following the ratio of the judgment of Hon'ble
Apex Court in Deepak Mali (supra) held the extension of
suspension after 90 days as not valid. In the present case as
well, the suspension has been extended by the respondents
after· 90 days, and in view of the aforesaid facts and law, the
OA is allowed to the extent that the suspension of the applicant
beyond 90 days is held to be illegal and not sustainable in the
eyes of law. The impugned order dated 07.01.2020 is set aside.
The applicant shall be entitled to all consequential benefits, in
accordance with relevant rules and law on the subject. The
consequential benefits will be accorded to the applicant, as
expeditiously as possible, and in any case within eight weeks
from the date of receipt of a copy of this order."
2. The only submission made by Mr. Tushar Ranjan Mohanty, learned
counsel for the petitioner, by drawing our attention to the prayer clause
made in the O.A., more specifically, paragraph 8.4, which reads as under is
that the Tribunal has not decided in what manner the suspension period need
to be treated.
"8.4. to declare that the entire Period of Suspension of the
Applicant shall be treated as on duty for all purposes;"
3. We agree with the submission made by Mr. Mohanty in that regard as
there is no conclusion of the Tribunal as to in what manner the suspension
period need to be treated. Accordingly, we deem it appropriate to remand
the matter back to the Tribunal with a direction to consider the prayer made
in paragraph 8.4 of the O.A. and decide the same, after hearing counsel for
the parties on July 17, 2023.
4. Liberty is granted to Mr. Mohanty to place this order on the Board of
Signature Not Verified
Digitally Signed
By:JYOTIRMOY GHOSH W.P.(C) 7415/2023 Page 2
DASTIDAR
Signing Date:27.05.2023
16:33:02
2023:DHC:3706-DB
the Tribunal by way of an affidavit.
5. The petition is disposed of.
V. KAMESWAR RAO, J.
ANOOP KUMAR MENDIRATTA, J.
MAY 26, 2023/ds
Signature Not Verified
Digitally Signed
By:JYOTIRMOY GHOSH W.P.(C) 7415/2023 Page 3
DASTIDAR
Signing Date:27.05.2023
16:33:02
