CAT - ['Delhi']
Administrative and Public LawCivil Procedure and Evidence

Review jurisdiction cannot reopen merits or reappreciate evidence absent an error apparent on the record.

AASTRAV VAJPAYEE vs RAJAT GOYAL,

CAT - ['Delhi']JUDGMENT: October 01, 20262 MIN READSOURCE JUDGMENT
Review jurisdiction cannot reopen merits or reappreciate evidence absent an error apparent on the record.. AASTRAV VAJPAYEE vs RAJAT GOYAL,. CAT - ['Delhi']. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

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. 1

He 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. 2

The Tribunal noted that the OA had been filed in 2018 and remained pending when the reinstatement order was made.

Source reference: para. 3

The 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. 3–4
02

Issues

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. 3–7

Whether 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. 8–11
03

Law 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, 11

The 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, 11

The 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, 10

No specific statute or precedent was cited in the order.

Source reference: no citation
04

Reasoning

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, 7

The 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, 7

His 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, 8

The 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, 9–11
05

Holding

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. 13
CAT - ['Delhi']

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AASTRAV VAJPAYEEvsRAJAT GOYAL,

CAT - ['Delhi'] · October 01, 2026

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