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HIGH COURT OF DELHI
Date of Decision: May 26, 2023
MEWA LAL MAHTO ..... Petitioner
Through: Mr. Tushar Ranjan Mohanty, Ms. Payal Mohanty and Ms. Saumya Punnia, Advs.
Through: Mr. Subhash Tanwar, CGSC with Mr. Sandeep Mishra and
Mr. Ashish Choudhary, Advs. for UOI
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA V. KAMESWAR RAO, J. (ORAL)
Allowed, subject to just exceptions.
Application disposed of.
JUDGMENT
1. The challenge in this writ petition is to an order dated April 26, 2023 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O.A. 1237/2021 whereby the Tribunal while disposing of the O.A. has in paragraph 7 of the order stated as under:- W.P.(C) 7415/2023 Page 2
2. The only submission made by Mr. Tushar Ranjan Mohanty, learned counsel for the petitioner, by drawing our attention to the prayer clause made in the O.A., more specifically, paragraph 8.4, which reads as under is that the Tribunal has not decided in what manner the suspension period need to be treated. “8.4. to declare that the entire Period of Suspension of the Applicant shall be treated as on duty for all purposes;”
3. We agree with the submission made by Mr. Mohanty in that regard as there is no conclusion of the Tribunal as to in what manner the suspension period need to be treated. Accordingly, we deem it appropriate to remand the matter back to the Tribunal with a direction to consider the prayer made in paragraph 8.[4] of the O.A. and decide the same, after hearing counsel for the parties on July 17, 2023.
4. Liberty is granted to Mr. Mohanty to place this order on the Board of W.P.(C) 7415/2023 Page 3 the Tribunal by way of an affidavit.
5. The petition is disposed of.
V. KAMESWAR RAO, J.
ANOOP KUMAR MENDIRATTA, J. MAY 26, 2023