SHRI SRIKANT PRASAD AND OTHERS vs MUNICIPAL CORPORATION OF DELHI AND ORS.

Judgment text excerpt

$~91 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2877/2025, CM APPLs. 13719/2025, 13720/2025 & 13721/2025 SHRI SRIKANT PRASAD AND OTHERS .....Petitioners Through: Mr. Mukesh Kr. Gupta, Mr. Abhishek Singh and Mr. Manish Kr. Sharma, Advs. versus MUNICIPAL CORPORATION OF DELHI AND ORS. .....Respondents Through: Ms. Cauveri Birbal and Ms. Preksha Gaur, Advs. for MCD Mr. Ravinder Agarwal, Mr. Manish Kumar Singh and Mr. Vasu Agarwal, Advs. for R-3 Mr. Tarun Sharma, Ms. Meenu Sharma, Mr. Abid Ali and Mr. Manek Sharma, Advs. for R-4 to 8 CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL ORDER (ORAL) % 06.03.2025 C.HARI SHANKAR, J. W.P.(C) 2877/2025 1. Mr. Mukesh Gupta, who appears on behalf of the petitioners, submits that they were not parties before the Central Administrative Tribunal1 in OA 3577/2023 but are affected by the judgment dated 14 January 2025 which came to be rendered in the said OA. 1 “Tribunal” hereinafter Signature Not Verified Digitally Signed By:AJIT W.P.(C) 2877/2025 Page 1 of 2 KUMAR Signing Date:11.03.2025 15:40:38 2. He submits that his clients were required to be impleaded as parties before the Tribunal rendered the impugned decision. 3. In K Ajith Babu v UOI2, followed by State of West Bengal v Kamal Sengupta3, the Supreme Court has held that, in such cases, the appropriate course of action would be for the party to file a review petition or an OA before the Tribunal instead of directly approaching the High Court, especially in view of the embargo, in L Chandra Kumar v UOI4, on the High Court acting as a court of first instance in service matters which are amenable to the jurisdiction of the Tribunal under the Administrative Tribunals Act, 1985. 4. We, therefore, dispose of this writ petition with liberty to the petiti