Facts
The Review Applicant sought review of the Tribunal’s final order dated 20 August 2026 in O.A. No. 3793/2018, which had quashed his appointment as void ab initio.
Source reference: para. 1He argued that, after his termination in 2021, he had been reinstated by an order dated 18 January 2024 following verification of his experience, and that the reinstatement order had not been challenged in the OA.
Source reference: para. 2The Tribunal noted that the OA had been filed in 2018 and remained pending when the reinstatement order was made.
Source reference: para. 3The Review Applicant had also pursued O.A. No. 301/2021 concerning his termination; that OA was disposed of with liberty to make a representation, but the applicants in O.A. No. 3793/2018 were not impleaded.
Source reference: paras. 3–4Issues
Whether the subsequent reinstatement order and departmental verification disclosed an error apparent on the face of the record warranting review of the order quashing the Review Applicant’s appointment.
Source reference: paras. 3–7Whether the Review Applicant’s challenges to the Tribunal’s findings on eligibility, the experience certificate, and the original applicant’s locus could be reconsidered in review.
Source reference: paras. 8–11Law Applied
The Tribunal applied the limited scope of review jurisdiction: review is not a rehearing, and a different possible interpretation of the evidence does not justify review.
Source reference: paras. 5, 8, 11The applicant must demonstrate a self-evident error, omission, or mistake on the face of the record; arguments seeking re-appreciation of evidence or reopening of the merits are matters for appeal, not review.
Source reference: paras. 5, 8, 11The Tribunal also held that a subsequent administrative order cannot, by itself, override pending judicial proceedings, particularly where a relevant development was not brought to the Tribunal’s attention when it could have been considered.
Source reference: paras. 3, 6–7, 10No specific statute or precedent was cited in the order.
Source reference: no citationReasoning
The Tribunal found that the reinstatement order post-dated the filing of the OA and did not itself establish an error in the earlier adjudication.
Source reference: paras. 3, 7The Review Applicant and the official respondents had the responsibility to place relevant facts before the Tribunal; the Review Applicant could not rely in review on developments not presented at the appropriate stage.
Source reference: paras. 3, 7His reliance on subsequent verification, departmental explanations, and the asserted validity of his experience certificate sought a fresh assessment of the evidence already considered in the original order.
Source reference: paras. 5, 8The Tribunal further concluded that the separate termination proceedings and subsequent reinstatement could not be used to bypass the pending OA, and that the arguments concerning eligibility and locus did not disclose a patent error.
Source reference: paras. 4, 9–11Holding
The Tribunal held that no error apparent on the face of the record had been established and dismissed the Review Application, leaving undisturbed the final order dated 20 August 2026.
Pending miscellaneous applications, if any, were disposed of, with no order as to costs.
Source reference: para. 13Original Court PDF
AASTRAV VAJPAYEEvsRAJAT GOYAL,
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