Sartaj Ahmad Bhat vs Neeraj Chopra

Sanjeev Kumar, J

Impugned in this petition filed under Article 226 of the Constitution of India is an order and judgment dated 26.09.2024 passed by the Central Administrative Tribunal, Jammu [“the Tribunal”] in TA No. 3667/2020 titled Neeraj Chopra & Ors vs UT of J&K & Ors, whereby the Tribunal has quashed the revised seniority list dated 22.10.2019 impugned before it and directed the official respondents to re-draw the final seniority list as per Note-II.

The impugned judgment is challenged by the petitioners on multiple grounds. However, Mr. Jahangir Ganai, learned senior counsel appearing for the petitioners, laid more emphasis on the ground that the judgment impugned passed by the Tribunal is in violation of the principles of natural justice and, therefore, could not be sustained.

It is submitted by the learned senior counsel that though the petitioners were arrayed as party respondents before the Tribunal, yet no effort was made by the Tribunal to serve them and provide them an opportunity to defend the TA. He submits that because of the failure of the Tribunal to provide an opportunity of being heard to the petitioners, a serious prejudice has been caused to them, in that, they have not been able to put up their stand before the Tribunal.

We have gone through the record of the Tribunal and do not find anything therein which could demonstrate that the petitioners were properly served and provided adequate opportunity to defend the TA. The judgment, on the face of it, is in violation of the principles of natural justice and therefore, nullity in the eye of law.

For the foregoing reasons, we allow this petition and set aside the impugned order passed by the Tribunal. The matter is remanded back to the Tribunal for fresh consideration after putting all the petitioners herein and other respondents in the TA on notice and providing them a fair opportunity of being heard. Having regard to the nature of controversy, we

provide that till the issue raised in TA is finally determined and decided, the impugned seniority list dated 22.10.2019 shall not be acted upon for conferring any further benefit on the candidates figuring in the seniority list.

Learned counsel appearing for the parties shall cause their appearance before the Tribunal on 06.02.2025. Those respondents who are unserved shall be put on fresh notice by the Tribunal before proceeding further in the matter. Since the determination of legal validity or otherwise of the seniority list dated 22.10.2019 has cascading effect on the promotions of the engineers at various level, as such, it would be desirable that this matter is taken up by the Tribunal on top priority and decided by or before 31.04.2025.