National Institute of Electronics and Information Technology v. Raj Kumar Tripathi

Delhi High Court · 29 May 2026 · 2026:DHC:5161-DB
C. Hari Shankar; Om Prakash Shukla
W.P.(C) 7734/2026
2026:DHC:5161-DB
administrative petition_dismissed

AI Summary

The Delhi High Court dismissed a writ petition challenging the CAT's adjournment order, directing the tribunal to hear the matter finally without further adjournments as per the High Court's prior directions.

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W.P.(C) 7734/2026
HIGH COURT OF DELHI
W.P.(C) 7734/2026, CM APPL. 37377/2026 & CM APPL.
37378/2026 NATIONAL INSTITUTE OF ELECTRONICS AND INFORMATION TECHNOLOGY
(NIELIT) & ORS. .....Petitioners
Through: Mr. Rajeev Kumar Dubey and Mr. Tushar Tokas, Advs.
VERSUS
SH. RAJ KUMAR TRIPATHI & ORS. .....Respondents
Through: Mr. Ankur Chhibber, Mr. Yogesh Kr Mahur, Mr. Harkesh Parashar, Ms. Shivani Singh, Ms. Illashree and Ms. Yogita, Advs.
Mr. Mahendra Vikram Singh, SPC with Mr. Sanjay Misra, Advs. for R-2.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
JUDGMENT
(ORAL)
29.05.2026 C. HARI SHANKAR, J.

1. This writ petition is directed against order dated 20 May 2026 passed by the Central Administrative Tribunal[1] in OA 1225/2026. The order reads thus: “Order of The Tribunal Re-list the matter on 30.06.2026. “the Tribunal”, hereinafter No further adjournment shall be granted. Interim relief, if any, shall continue till further orders.”

2. We fail to understand why, when the Tribunal has specifically listed the matter on 30 June 2026, with a further direction that the matter would not be adjourned on the said date and that the interim relief would only be continued till then, the petitioner has approached this Court.

3. Such petitions, we are constrained to say, burden the docket of this Court and make it difficult for us to complete the Board.

4. Be that as it may, as there appears to be some misunderstanding in the mind of the Tribunal, we deem it appropriate to clarify one aspect.

5. By order dated 8 May 2026, which was directed against an interim order dated 17 April 2026 passed in OA 1225/2026, we had noted the fact that the OA was listed for final hearing before the Tribunal on 18 May 2026 and had, therefore, requested the Tribunal to take up the OA itself for hearing on 18 May 2026 with an interdiction on both sides from seeking any adjournment.

6. On 18 May 2026, the following order was passed by the Tribunal: “Order of the Tribunal Learned Senior Counsel appearing on behalf of the applicant draws our attention to the Order dated 15.05.2026. He further submits that a rejoinder has been filed along with an MA, which is yet to be listed by the Registry.

2. Since specific directions have been passed by the Hon’ble High Court of Delhi, let the matter be listed before the appropriate Bench which had previously heard the matter on 17.04.2026.

3. Re-notify on 20.05.2026. The date is given at the convenience of both the parties.

4. Interim order, if any, shall continue till the next date of listing.”

7. We do not know why the Bench which took up the matter on 18 May 2026 deemed it appropriate to transfer the matter to another Bench. We have not passed any orders that the matter should be heard by a particular Bench. We make it clear that the matter should be heard by the Bench to which it is assigned, as per roster or as assigned by the Hon’ble Chairperson of the Tribunal.

8. On 20 May 2026, the order which is under challenge in the present petition has been passed.

9. We do not know which side sought adjournment on 20 May 2026, as the order is silent on this. We, however, make it clear that it was improper for any adjournment to have been sought on 20 May 2026 in view of the specific direction by us to the contrary.

10. Be that as it may, as the OA is listed on 30 June 2026 with a specific direction that the interim relief would only continue till that date, we do not deem it appropriate to entertain this writ petition.

11. We merely request the Tribunal to take up the matter on 30 June 2026 and hear it finally and also once again interdict both sides from taking any adjournment on any ground whatsoever on the said date. We also direct that no request for pass over would be entertained on that date.

12. The matter would be listed before the appropriate Bench as per roster.

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13. The writ petition is disposed of in the aforesaid terms.

C. HARI SHANKAR, J

OM PRAKASH SHUKLA, J MAY 29, 2026