Delhi High Court
Ghammi vs National Institute Of Solar Energy on 21 October, 2024
Author: C.Hari Shankar
Bench: C. Hari Shankar, Sudhir Kumar Jain
$~95
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 14756/2024, CM APPL. 61992/2024
GHAMMI
.....Petitioner
Through: Mr. Anil Mittal, Mr. Atul
Chauhan, Advs.
versus
NATIONAL INSTITUTE OF SOLAR ENERGY
.....Respondent
Through: Mr. Piyush Gaur, Mr. Gauraan
Advs.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN
O R D E R (ORAL)
% 21.10.2024
CM APPL. 61992/2024 [Exemption]
1. Exemption allowed, subject to all just exceptions.
2. The application is allowed.
W.P.(C) 14756/2024
3. OA 708/2014 was disposed of, by the learned Central
Administrative Tribunal1 vide order dated 12 December 2018.
1 "The learned Tribunal" hereinafter
4. Consequent on disposal, the petitioner moved MA 394/2020 in
the aforesaid OA, seeking permission to amend the memo of parties in
the OA and a direction to the Ministry of Renewable Resources to
comply with the order dated 12 December 2018.
5. We make it clear that we are not commenting on the merits of
this application and as to whether the petitioner would be entitled to
the relief that are sought therein.
6. As it happened, the respondent filed RA 206/2019, seeking
review of the judgment dated 12 December 2018 supra passed by the
learned Tribunal in the OA. The said Review Petition came to be
dismissed by the learned Tribunal by the impugned order dated 7
October 2022 with costs of ₹ 25,000/-. Against the said order, the
respondent is already in writ before this Court by way of WP(C)
13536/2023 which is listed today.
7. The petitioner has been provoked to file the present petition
because of the concluding para 11 of the order dated 7 October 2022,
which disposes of "all associated MAs" accordingly. As a result, Mr.
Mittal, learned Counsel for the petitioner submits that MA 394/2020
also got disposed of, without a hearing.
8. It goes without saying that whatever be the merits or otherwise
of MA 394/2020, the learned Tribunal could not have disposed of the
MA without hearing it. This is obviously happened by inadvertence,
as a routine order has been passed by the learned Tribunal, consequent
to disposal of RA 206/2019, that all associated MAs would be
disposed of accordingly.
9. Strictly speaking, MA 394/2020 is not an MA associated with
RA 206/2019. However, it appears that the MA has been treated by
the registry of the learned Tribunal as having been disposed of.
10. In these circumstances, we restore MA 394/2020 to the file of
the learned Tribunal and remand the MA to the learned Tribunal for a
decision in accordance with law.
11. We make it clear that we are not expressing any opinion one
way or the other on the merits of the MA.
12. The writ petition stands allowed in the aforesaid terms.
13. The concerned parties in the MA may appear before the learned
Tribunal on 11 November 2024.
C.HARI SHANKAR, J.
DR. SUDHIR KUMAR JAIN, J.
OCTOBER 21, 2024
ar
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