Union of India & Anr. Vs Akhilesh Kushwaha & Ors. — Delhi HC (2025) — LawSathi Research

Union of India & Anr. Vs Akhilesh Kushwaha & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned Tribunal order set aside; matter remanded to the Central Administrative Tribunal (PB), New Delhi for fresh consideration de-novo, to be heard along with O.A. 2132/2022 (Aditya Kumar Dewangan & Ors. v. Union of India & Ors.); writ petition and application disposed of; next date 15.05.2025 cancelled.

Issue for consideration

Whether the respondents' application (CM APPL. 22446/2025) praying for remand of the matter to the Central Administrative Tribunal (PB), New Delhi for de-novo consideration, along with O.A. 2132/2022 titled Aditya Kumar Dewangan & Ors. v. Union of India & Ors., should be granted.

Ratio / Principle

The impugned order of the Tribunal is set aside and the matter is remanded back to the Tribunal for fresh consideration de-novo, to be heard along with O.A. 2132/2022 tiled Aditya Kumar Dewangan & Ors. v. Union of India & Ors.

Key takeaways

The petition, along with the present application, stands disposed of in the above terms.ratio¶5
The next notified date, i.e. 15.05.2025, stands cancelled.obiter¶6

Detailed headnote1 paragraphs

W.P.(C) 15764/2024, High Court of Delhi (Navin Chawla & Renu Bhatnagar JJ., oral), decided 17.04.2025: On the respondents' application (CM APPL. 22446/2025) praying for remand of the matter to the Central Administrative Tribunal (PB), New Delhi for de-novo consideration along with O.A. 2132/2022 titled 'Aditya Kumar Dewangan & Ors. v. Union of India & Ors.', counsel for the petitioners (Union of India & Anr.) did not oppose, and the Court set aside the impugned Tribunal order — which had solely relied on the Tribunal's earlier decision in Aditya Kumar Dewangan v UOI — remanding the matter to the Tribunal for fresh consideration de-novo along with O.A. 2132/2022. The Court recalled its notice-stage observation that the petition deserved such remand, noting that the Dewangan decision itself had been set aside by judgement dated 11 January 2024 in WP(C) 16368/2023, and that in a similar reliance case it had ordered reconsideration de hors that judgement. The petition and application were disposed of and the notified date of 15.05.2025 was cancelled.

$~77

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 17.04.2025

- W.P.(C) 15764/2024

UNION OF INDIA & ANR. .....Petitioners

Through: Mr. Vineet Dhanda, CGSC with Ms. Akansha Choudhary Adv

versus

AKHILESH KUSHWAHA & ORS. .....Respondents

Through: Mr. Samarth Luthra, Adv.

CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE RENU BHATNAGAR

NAVIN CHAWLA, J. (Oral)

CM APPL. 22446/2025

This application has been filed on behalf of the respondents, praying that the matter be remanded back to the learned Central Administrative Tribunal (PB), New Delhi (hereinafter referred to as ‘Tribunal’) for a de-novo consideration along with the Original Application. 2132/2022 (O.A.) titled Aditya Kumar Dewangan & Ors. v. Union of India & Ors.

This Court, in fact, while issuing notice in this petition, had itself observed that the petition deserves to be remanded back for a denovo consideration by the learned Tribunal. We reproduce the order as under:

“ 1. The Tribunal, has in passing the order under challenge, solely relied on its earlier decision in Aditya Kumar Dewangan v UOI . The said decision was carried to this Court in this writ petition which was challenged

Signature Not Verified

WP(C) 15764/2025 Page 1 of 3

Signed By:VIJAYA LAKSHMI DOBHAL Signing Da te:2 2.04.2025 18:23:53

before this Court at the instance of the UOI by way of WP(C) 16368/2023.

2. By judgement dated 11 January 2024, the said writ petition has been allowed by setting aside the order passed by the Tribunal and remanding the matter to the Tribunal for do-novo consideration.

3. We recall that, in similar challenge, which came before us in which the Tribunal has relied on Aditya Kumar Dewangan, we have set aside the impugned order and remanded the matter to the Tribunal for reconsideration de-hors the judgement in Aditya Kumar Dewangan.

4. However, as there is no appearance on behalf of the respondents, issue notice to show cause as to why rule nisi be not issued.

5. Notice be served on the respondents through learned Counsel who appeared on their behalf before the Tribunal.

6. Counter affidavit, if any, be filed within four weeks with advance copy to learned counsel for the petitioners, who may file rejoinder thereto, if any, within four weeks thereof.

7. Re-notify on 15 May 2025.”

The learned counsel for the petitioners does not oppose the present application.

Accordingly, the impugned order is set aside, and the matter is remanded back to the learned Tribunal for fresh consideration de-novo to be heard along with O.A. 2132/2022, tiled Aditya Kumar Dewangan & Ors. v. Union of India & Ors. .

Signature Not Verified

Signed By:VIJAYA WP(C) 15764/2025 Page 2 of 3 LAKSHMI DOBHAL Signing Da te:2 2.04.2025 18:23:53

The petition along with the present application stands disposed of in the above terms.

The next date, that is, 15.05.2025, stands cancelled.

NAVIN CHAWLA, J

RENU BHATNAGAR, J

APRIL 17, 2025 / Pr/Sm/DG

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Signature Not Verified Signed By:VIJAYA WP(C) 15764/2025 Page 3 of 3 LAKSHMI DOBHAL Signing Da te:2 2.04.2025 18:23:53