Rahul Jindal v. Merit Systems Protection Board

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
RAHUL JINDAL,
Petitioner
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent
______________________
2023-1050
______________________
Petition for review of the Merit Systems Protection
Board in No. DC-1221-21-0221-W-2.
______________________
ON MOTION
______________________
Before L OURIE, P ROST , and WALLACH , Circuit Judges.
WALLACH , Circuit Judge.
O R D E R
The Merit Systems Protection Board moves with the
consent of Rahul Jindal for a remand, noting that the ad-
ministrative 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).
Case: 23-1050 Document: 23 Page: 1 Filed: 03/28/2023

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RAHUL JINDAL v. MSPB 2
Upon consideration thereof,
I T I S O RDERED T HAT :
(1) The motion is granted. The Board’s decision is va-
cated, 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.
March 28, 2023
Date
F OR THE COURT
/s/ Peter R. Marksteiner
Peter R. Marksteiner
Clerk of Court
ISSUED AS A MANDATE: March 28, 2023
Case: 23-1050 Document: 23 Page: 2 Filed: 03/28/2023

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