Staff Selection Commission & ORS. v. Naveen Chauhan

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 16424/2024 and CM APPLs. 69354-355/2024 STAFF SELECTION COMMISSION & ORS.

.....Petitioners Through:

Mr. P.S. Singh, CGSC with Mr.

Rohit Singh Lodhi, Advocates versus NAVEEN CHAUHAN .....Respondent Through:

Ms. Esha Mazumdar and Ms.

Unnimaya S., Advocate

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 29.01.2025 C.HARI SHANKAR, J.

1.

This is again one of the batch of cases which was decided by the Central Administrative Tribunal1 following its earlier decision in Teekam Singh Meena v SSC2 in which without any reference to the individual facts of the case, the Tribunal has directed that fresh medical examination be conducted.

2.

We have laid down definitive test in this regard in our judgment in Staff Selection Commission v Aman Singh3. Following this we have in Staff Selection Commission v Amit Goswami4, referred similar cases back to the Tribunal for a reasoned and speaking order, 1 "the Tribunal", hereinafter 2 OA No.519/2024 3 2024 SCC OnLine Del 7600 4 2024 SCC OnLine Del 7985 KUMAR 19:15:09 W.P.(C) 16424/2024

keeping in mind the principles enunciated in Aman Singh. 3.

Following the said decision, the impugned judgment is quashed and set aside. OA 1275/2024 stands remitted to the Tribunal for de novo consideration keeping in view the decision in Aman Singh and Amit Goswami.

4.

All questions of facts and law shall remain open to be agitated before the Tribunal.

5.

We have not expressed any view on the merits of the mater. 6.

We request the Tribunal to take up the matter as expeditiously as possible and if possible, within a period of three weeks from today. 7.

The writ petition stands disposed of, in the aforesaid terms. C.HARI SHANKAR, J.

AJAY DIGPAUL, J.

JANUARY 29, 2025/yg Click here to check corrigendum, if any KUMAR 19:15:09 W.P.(C) 16424/2024