UOI Thr. Secretary Ministry of Defence v. K.Zachariah & Ors.
Case brief
What is this about?
Delhi HC joint oral order dt. 22.01.2025 (C. Hari Shankar & Ajay Digpaul, JJ.) disposes of W.P.(C) 204/2008 & CM APPL. 397/2008 — UOI through Secretary, Ministry of Defence v K. Zachariah & Ors.: sets aside CAT judgment dt. 16 March 2007 and remands OA 2498/2005 to Central Administrative Tribunal for afresh consideration, following SC three-judge State of Himachal Pradesh v Rajkumar ((2023) 3 SCC 773) which overruled Y V Rangaiah v J Sreenivasa Rao (1983 (3) SCC 284) on which the Tribunal had solely relied; parties absent, no advocates recorded.
What did the court decide?
Impugned judgment of the Tribunal dated 16 March 2007 set aside; OA 2498/2005 remanded to the Tribunal for afresh consideration, uninfluenced by observations contained in the impugned order; Registry to forward a copy of the order electronically and otherwise to the unrepresented parties or their counsel.