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HIGH COURT OF DELHI
Date of Decision: 21st April, 2023
MANISH CHOUDHARY ..... Petitioner
Through: Mr. S. Rajappa and Mr. R.
Gowrishankar, Advocates
Through: Mr. L.R. Khatan, Advocate with Mr. N.K. Singh, Deputy Secretary
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
JUDGMENT
1. Vide the present petition, petitioner is seeking calling for the record of the M.A. No. 949/2023 in O.A. No. 347/2023 of learned Central Administrative Tribunal (CAT), Principal Bench, New Delhi, in so far as it relates to order dated 18.03.2023; quashing and setting aside of the order dated 18.03.2023 passed learned CAT, Principal Bench, New Delhi in aforesaid M.A.
2. It is not in dispute that pursuant to aforesaid order dated 18.03.2023, an order dated 13.04.2023 has already been passed by the respondents.
3. Case of petitioner is that learned Tribunal has passed a wrong order 16:41 Neutral Citation Number: 2023:DHC:2736-DB W.P.(C) 5035/2023 vide its order dated 18.03.2023 whereby the order dated 07.02.2023 is modified.
4. Since the respondents have already acted upon vide order dated 13.04.2023 pursuant to order dated 18.03.2023 passed by learned Tribunal in M.A. No.949/2023, therefore, the proper remedy available with the petitioner is that he may challenge the order dated 13.04.2023 before the learned Tribunal.
5. Accordingly, we hereby dispose of present petition by giving liberty to petitioner, if so advised, that he may challenge order dated 13.04.2023 before learned Tribunal on all grounds available as per the law including competency/jurisdictional issue(s) in passing the order dated 13.04.2023. Pending applications stand disposed of. Copy of this order be given dasti under signatures of Court Master.
(SURESH KUMAR KAIT) JUDGE (NEENA BANSAL KRISHNA)
JUDGE APRIL 21, 2023 16:41