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Judgment
Hon’ble Ms. Harvinder Kaur Oberoi, Member (J):
The Review Application has been filed seeking review of the interim order dated 12.08.2026 passed in OA No. 1128/2026, principally on the ground that the Review Applicant was not present before the Tribunal on the said date and had, on 11.08.2026, informed the Registry through e-mail regarding his inability to appear in person on account of seasonal viral fever and had requested that the matter be taken up thereafter.
It is contended that, despite the said intimation, the order dated 12.08.2026 records the presence and submissions of the Applicant. The Review Applicant has further contended that certain documents relied upon while considering the interim relief, including the approvals relating to initiation of disciplinary proceedings, approval of the charge memorandum and appointment of the Inquiry Officer, as well as the consultation note of the Ministry of Law and Justice, were not supplied to him, thereby depriving him of an effective opportunity to respond to the same.
The review applicant has also raised objections regarding the validity and maintainability of the disciplinary proceedings, non-consideration of his preliminary objections by a reasoned and speaking order, and the independence and impartiality of the Inquiry Officer appointed in the matter. It has further been submitted that the disciplinary proceedings arise out of an administrative matter which had already been adjudicated by this Tribunal and is stated to be pending before the Hon’ble High Court of Delhi.
Having regard to the aforesaid circumstances and particularly the grievance raised regarding the recording of the Applicant’s presence and submissions in the order dated 12.08.2026, we are of the considered view that, in the interest of justice and to ensure complete confidence of the parties in the adjudicatory process, the RA deserves to be allowed. Accordingly, the RA is allowed and the interim order dated 12.08.2026 passed in OA No. 1128/2026 is recalled.
In view of the circumstances stated hereinabove, let the matter be placed before the Hon’ble Chairman on the administrative side for appropriate order regarding listing of the OA before an appropriate Bench.