CAT - Delhi

Review Applications in Central Administrative Tribunal Dismissed when High Court upheld original order.

MA No. 612/2026 & RA No. 12/2026 in OA No. 4228/2024, MA No. 636/2026 & RA No. 13/2026 in OA No. 4283/2024, MA No. 307/2026 & RA No. 14/2026 in OA No. 576/2025, MA No. 40/2026 & RA No. 04/2026 in OA No. 525/2025

CAT - Delhi3 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The captioned OAs (original applications) were decided by a common order/judgment dated 28.07.2025

Source reference: p.4, para.1

The respondents in the OAs (the present petitioners in RA) initially approached the Hon'ble High Court of Punjab and Haryana at Chandigarh via various Writ Petitions, challenging the common order.

Source reference: no citation

These petitions were dismissed on 12.11.2025 (e.g., WP No. 33502/2025 (O&M)) with liberty granted to the petitioners to approach the Tribunal by way of Review Application

Source reference: p.5, para.5

Subsequently, the Review Applicants also approached the Hon'ble High Court of Delhi via different Writ Petitions, including WP No. 237/2026, to challenge the same common order/judgment of the Tribunal

Source reference: p.6, para.6

The Hon'ble High Court of Delhi dismissed these Writ Petitions by order/judgment dated 08.01.2026

Source reference: p.6, para.6; p.8, para.12

The MAs for condonation of delay in filing the RAs were filed by the original respondents

Source reference: p.4, para.2; p.5, para.3

The Hon'ble High Court of Delhi's order dated 08.01.2026 upheld the Tribunal's common order/judgment dated 28.07.2025, relying on an earlier judgment in W.P.(C) 15248/2022 titled Union of India & Ors. v. Sanjeev Kumar & Anr., against which an SLP was also dismissed by the Hon'ble Apex Court on 16.12.2024

Source reference: p.8, para.14
02

Issues

Whether the delay in filing the Review Applications (RAs) should be condoned

Source reference: p.4, para.2-3

Whether the Review Applications, filed following liberty granted by the Punjab & Haryana High Court, should be dismissed given that the Tribunal's original order has been upheld by the Delhi High Court

Source reference: p.8, para.12-15
03

Law Applied

The Tribunal applied the principle of condonation of delay in filing review applications when sufficient cause, such as bona fide administrative reasons and liberty granted by a higher court, is shown

Source reference: p.5, para.5

Crucially, the Tribunal applied the principle of judicial finality and hierarchy, recognizing that once an order of its own (the common order dated 28.07.2025) has been explicitly upheld by a higher court (the Delhi High Court), a review application challenging the same order before the Tribunal becomes an abuse of process

Source reference: p.8, para.14-15

This refers to the principle of res judicata or issue estoppel in a broader sense, where a matter already adjudicated and confirmed by a higher court cannot be re-litigated or reviewed by a lower forum concerning the same issue.

Source reference: no citation
04

Reasoning

The Tribunal first addressed the MAs for condonation of delay.

Source reference: no citation

It found that the delay in filing the RAs was due to the administrative processing following the liberty granted by the Punjab & Haryana High Court to file review applications, and thus the delay was neither willful nor deliberate, allowing for condonation based on bona fide administrative reasons

Source reference: p.5, para.5-6; p.9, para.9

However, regarding the substance of the RAs, the Tribunal noted that the very common order/judgment (dated 28.07.2025) which was the subject of the RAs had subsequently been challenged before the Hon'ble High Court of Delhi and was unequivocally upheld by its order dated 08.01.2026

Source reference: p.8, para.12-14

The Delhi High Court's decision specifically relied upon a controlling precedent (Union of India v. Sanjeev Kumar & Anr.) that had been affirmed by the Apex Court

Source reference: p.8, para.14

Therefore, the Tribunal reasoned that attempting to review an order that a higher court had already affirmed constituted a misuse of the process of law

Source reference: p.9, para.15
05

Holding

The Tribunal allowed the MAs, condoning the delay in filing the Review Applications

However, it dismissed the Review Applications themselves, finding them to be a misuse of the process of law because the underlying common order/judgment dated 28.07.2025, which the RAs sought to review, had already been upheld by the Hon'ble High Court of Delhi on 08.01.2026

Source reference: p.9, para.15-16

The RAs were dismissed with easy costs

Source reference: p.9, para.15
CAT - Delhi

Original Court PDF

MA No. 612/2026 & RA No. 12/2026 in OA No. 4228/2024, MA No. 636/2026 & RA No. 13/2026 in OA No. 4283/2024, MA No. 307/2026 & RA No. 14/2026 in OA No. 576/2025, MA No. 40/2026 & RA No. 04/2026 in OA No. 525/2025

CAT - Delhi

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