The High Court remanded a service termination matter back to the Central Administrative Tribunal for rehearing on merits due to the Tribunal's failure to consider the petitioner's specific grounds regarding accident and illness.
Order remanded back for rehearing the matter on the merits; writ petition and stay application disposed of.
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versus
UNION OF INDIA & ANR. ..... Respondents Through Mr. J.K. Singh, Standing Counsel
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
G.S.SISTANI, J ( ORAL )
Page 1 of 2
W.P.(C) No.11318 /2015
Railways that on account of his accident, he was suffering from mental disorder and she was getting him treated at Agra. Learned counsel submits that in the review petition, the respondents had placed on record the rule as per which an employee would be deemed to have resigned in case of long absence. Counsel submits that Rule, sought to be relied upon by the respondent would not be applicable as the leave of the petitioner was not unauthorised.
G.S.SISTANI, J
SANGITA DHINGRA SEHGAL, J
DECEMBER 07, 2015 pst
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W.P.(C) No.11318 /2015
2 issues framed by the court
Whether the matter requires remand for rehearing after the Central Administrative Tribunal failed to consider grounds regarding the petitioner's absence due to accident and alleged mental disorder.
Whether the Tribunal should have remanded the case given the lack of show-cause notice and inquiry in the impugned order dismissing the Original Application.
Jawahar Lal Upadhyay
Union of India
G.S. Sistani
Sangita Dhingra Sehgal
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
