Case: 23-1050 Document: 23 Page: 1 Filed: 03/28/2023

NOTE: This order is nonprecedential.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 LOURIE, PROST, and WALLACH, Circuit Judges.

WALLACH, Circuit Judge.

ORDER 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: 2 Filed: 03/28/2023

2 RAHUL JINDAL v. MSPB

Upon consideration thereof, IT IS ORDERED THAT: (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.

FOR THE COURT March 28, 2023 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court ISSUED AS A MANDATE: March 28, 2023