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High Court of DelhiW.P.(C)/237/2026

Union Of India & ORS. v. Avinash Kumar & ANR.

2026-01-08Hon'Ble Mr. Justice Anil Kshetarpal,Hon'Ble Mr. Justice Amit Mahajan2 pages

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 237/2026 UNION OF INDIA & ORS.

.....Petitioners Through:

Mr. Shashank Dixit CGSC with Mr. Kunal Raj, Advocate.

versus AVINASH KUMAR & ANR.

.....Respondents Through:

Mr. Ankur Chhibber, Mr. R.S.

Kundu, Mr. Mukesh Kumar, Mr. Srikant Singh, Mr. Srajan.

S. Kulshrestha, Mr. Anurag Pandey, Mr. Akash and Mr.

Amit Kumar, Advocates.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 08.01.2026 CAV 6/2026 1.

Since learned counsel for the Respondents has entered appearance, the Caveat stands discharged.

CM APPL. 1109/2026 [Exemption] 2.

Allowed, subject to all just exceptions.

3.

Application stands disposed of.

W.P.(C) 237/2026 & CM APPL. 1110/2026 [for Stay] 4.

The Petitioners assail the correctness of the common order dated 28.07.2025 (hereinafter referred to as 'impugned order'), passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as 'Tribunal'), vide which 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 12/01/2026 at 12:25:14

various O.As. filed by the Respondents had been allowed. 5.

In fact, the issue involved in the present writ petition is already covered against Union of India by a detailed judgment dated 18.07.2024, passed by the Division Bench of this Court in W.P.(C) 15248/2022 titled as Union of India & Ors. v. Sanjeev Kumar & Anr. 6.

The Special Leave Petition, filed against the aforesaid judgment dated 18.07.2024, was also dismissed by the Hon'ble Apex Court on 16.12.2024.

7.

Moreover, Union of India, on 17.04.2025, as a remedial step for active litigations, took a policy decision to reinstate all the candidates whose candidature were terminated based on negative report of CFSL where the authorship were not established by the CFSL and their cases are pending before the learned Tribunal, High Court or the Hon'ble Supreme Court.

8.

The learned counsel representing the Petitioners failed to draw the attention of this Court to any distinguishing feature between the case of Sanjeev Kumar (supra) and the Respondents. 9.

In view of the above, the present writ petition stands dismissed. 10.

Pending application also stands disposed of.

ANIL KSHETARPAL, J AMIT MAHAJAN, J JANUARY 8, 2026 DU 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 12/01/2026 at 12:25:14