SHUBHAM AGARWAL vs UNION OF INDIA AND ORS

Judgment text excerpt

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 06.10.2025 + W.P.(C) 13162/2025 & CM APPL. 53924/2025 SHUBHAM AGARWAL .....Petitioner Through: Ms. Bhuvneshwari Pathak, Adv. versus UNION OF INDIA AND ORS .....Respondents Through: Mr. Siddharatha Shankar Ray, CGSC with Ms. Khushi Ramuka, Adv. Mr. Ravinder Aggarwal, Mr. Manish Kumar Singh and Ms. Vasu Agarwal, Advs. for R-2. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE MADHU JAIN NAVIN CHAWLA, J. (ORAL) 1. This petition has been filed, challenging the Order dated 21.08.2025 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as, ‘Tribunal’) in O.A. No. 3093/2025, titled Subham Agarwal v. Pensions and Pensioners Welfare., directing as under: “Be that as it may. In the present matter the respondents have constitute a fresh medical board, though applicant did not appear. Let the applicant appear before Signature Not Verified W.P.(C) 13162/2025 Page 1 of 7 Signed By:RENUKA NEGI Signing Date:06.10.2025 19:23:39 the competent Board on date specified along with the medical records. The medical Board shall take into consideration the medical opinion as rendered by the Appellate Medical Board. In the meantime the applicant is allowed to join the training programme, however, the same shall be subject to the outcome of the present O.A. We make it very clear, if the applicant does not appear before Medical Board, adverse inference shall be drawn against the applicant. We also make it clear the issue of which report is to be taken into consideration for the purpose of final adjudication of the O.A. shall be decided once a detailed counter affidavit is filed by the respondents. In the meantime, the respondents are directed to upload the report of the