Comptroller And Auditor General Of India v. Nagendra Lakhara & ORS.
$~1 (SDB) * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C)-16730/2024 COMPTROLLER & AUDITOR GENERAL OF INDIA ....Petitioner Through:
Dr. Surender Singh Hooda, Adv.
(M:9868280166) versus NAGENDRA LAKHARA & ORS.
.....Respondents Through:
Ms.
Aanchal Anand, Adv.
(M:9873354197)
CORAM:
JUSTICE PRATHIBA M. SINGH JUSTICE AMIT SHARMA
O R D E R
% 10.01.2025 1.
This hearing has been done through hybrid mode. CM APPL.1086/2025 (for exemption) 2.
Allowed, subject to all just exceptions. Application is disposed of. REVIEW PET.4/2025 & W.P.(C)-16730/2024 3.
This is a petition filed under Section 114 read with Order 47 Rule 1 of the Code of Civil Procedure, 1908 seeking review of the judgment dated 5th December, 2024 passed by the Court in W.P. (C) 16730/2024. 4.
The present review petition has been filed by 11 applicants, who sought benefit of the said judgment and had filed O.A. No. 4846/2024 before the Central Administrative Tribunal (CAT). The same has been rejected by the Tribunal with the following observations:
"16. Given the specific order of the Hon'ble High Court that the interim order dated 29.11.2024, would not extend to any other candidates, relief claimed in the OA deserves rejection. The order of the Hon'ble High Court is squarely applicable in the present case and in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 12:58:35
deference and due regard of the same, we are unable to interfere in the present case. Hence, the prayer for interim relief is rejected."
5.
In the opinion of this Court, the judgment dated 5th December, 2024 in W.P. (C) 16730/2024 is clear and there can be no ambiguity in the same. Relief was extended originally by the Tribunal only to the Petitioners, who were before the Tribunal, and then the same was also extended only to the said parties, who were before the Court in the said matter being W.P.(C) 16730/2024.
6.
It is made clear that if there are any further applicants seeking relief, they are free to seek the same in accordance with law. 7.
Any relief sought shall be considered by the Tribunal without being influenced by the observations of this Court in the order dated 5th December, 2024 in W.P. (C) 16730/2024 and the said consideration shall be independent of the said order, in accordance with law.
8.
The present review is disposed of in the above directions. PRATHIBA M. SINGH, J.
AMIT SHARMA, J.
JANUARY 10, 2025/dk/rks/pr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 12:58:35