Sanjay Kumar Pandhi v. Union Of India And ORS.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11063/2015 SANJAY KUMAR PANDHI ..... Petitioner Through :

Ms.Esha Mazumdar, Adv.

versus UNION OF INDIA AND ORS.

..... Respondents Through :

Mr.Jagjit Singh, Ms.Rashmi Malhotra, Mr.Preet Singh and Mr.Kiran Kaushik, Advs. for respondents.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE I.S. MEHTA

O R D E R

% 09.08.2016 1.

Challenge in this writ petition is to the order dated 15.10.2014 passed by the Central Administrative Tribunal (in short 'the Tribunal') whereby the O.A. filed by the petitioner was allowed.

2.

Learned counsel for the petitioner submits that the grievance of the petitioner is limited to the extent that although the OA has been allowed by the Tribunal by the impugned order dated 15.10.2014, in the concluding portion of the impugned order the Tribunal has wrongly changed the date of conclusion of punishment i.e. from 31.3.2005 to 31.3.2006, due to which the quantum of punishment awarded by the revising authority has increased beyond the punishment awarded, which was neither challenged by the petitioner or the respondents before the Tribunal.

3.

Learned counsel for the respondents, however, contends that the Tribunal has correctly taken note of the factual aspect of the matter, but he has not been able to dispute the submission made by the learned counsel for the petitioner.

4.

In these circumstances, we deem it appropriate to remand the matter back

to the Tribunal for fresh hearing based on the pleadings on record. Ordered accordingly.

5.

The parties will appear before the Tribunal on 26.8.2016. 6.

All legal arguments of both the parties are kept open. 7.

Writ petition stands disposed of in view of above. CM APPL. 28628/2015 8.

Application stands disposed of in view of the order passed in the writ petition.

G.S.SISTANI, J I.S. MEHTA, J AUGUST 09, 2016 msr / W.P.(C) 11063/2015 2/2