Jindal v. Merit Sys. Prot. Bd.

Full title: RAHUL JINDAL, Petitioner v. MERIT SYSTEMS PROTECTION BOARD, Respondent

Court: United States Court of Appeals, Federal Circuit

Date published: Mar 28, 2023

No. 2023-1050 (Fed. Cir. Mar. 28, 2023)

Opinion

2023-1050

03-28-2023

RAHUL JINDAL, Petitioner v. MERIT SYSTEMS PROTECTION BOARD, Respondent

WALLACH, CIRCUIT JUDGE.

This order is nonprecedential.

Petition for review of the Merit Systems Protection Board in No. DC-1221-21-0221-W-2.

ON MOTION

Before LOURIE, PROST, and WALLACH, Circuit Judges.

ORDER

WALLACH, CIRCUIT JUDGE.

The Merit Systems Protection Board moves with the consent of Rahul Jindal for a remand, noting that the administrative judge's dismissal for lack of jurisdiction was improperly based on consideration of documents submitted only by the agency in violation of Hessami v. Merit Sys. Prot. Bd., 979 F.3d 1362 (Fed. Cir. 2020).

Upon consideration thereof, IT IS ORDERED THAT:

(1) The motion is granted. The Board's decision is vacated, and the case is remanded to the Board to reconsider its decision consistent with the motion and this order.

(2) Each side shall bear its own costs.