Central Administrative Tribunal should not dismiss cases on technicalities: Delhi high court
The Central Administrative Tribunal “ordinarily should” endeavour to examine a case on merits rather than dismiss the same on technical grounds, the Delhi high court has said.
The Central Administrative Tribunal (CAT) “ordinarily should” endeavour to examine a case on merits rather than dismiss the same on technical grounds, the Delhi high court has said.
A bench of justices Sanjeev Sachdeva and Tushar Rao Gedela made the remarks while dismissing a plea of an employee challenging the order by which his original application against the disciplinary action taken against him was rejected by CAT. The court, however, asked the tribunal to consider the case afresh.
In his petition, the employee pointed out that since he was honorably discharged by a trial court in a criminal case due to lack of evidence, the disciplinary action was not justified.
Even though the order of the trial court was placed before the disciplinary authorities, they continued with the proceedings and passed an adverse order, the petitioner said.
The high court, on October 13, noted that the tribunal had decided the case only on the premise that principle of natural justice was complied with and that the power of judicial review was not to be exercised in such a case.
It also noted that the tribunal had not gone into the merits of the case or even considered the effect of an acquittal in criminal proceedings.
“It is thus advisable that the Tribunal ordinarily should endeavour to examine the case on merits, rather than dismissing the same on technicalities,” the court said, while setting aside the CAT order.
