Review Application No. 10/2012 in Original Application Number 454/2011. Case: Mohd Yusuf Beig son of Shri Ahmed Beig, aged about 40 years, resident of 168, Khanji Peer (North), Udaipur-313001, presently posting as Postal Assistant, Speed Post Centre, Udaipur Vs The Union of India through the Secretary to the Govt., Ministry of Communication and Info Technology, Department of Posts, Sanchar Bhawan, New Delhi, The Chief Post Master General, Rajasthan Circle, Jaipur, The Post Master General, Rajasthan Southern Region, Ajmer and Shri B.N. Tripathi, Post Master General, Rajasthan Southern Region Ajmer. Central Administrative Tribunal
| Case Number | Review Application No. 10/2012 in Original Application Number 454/2011 |
| Judges | Mr. B.K. Sinha, Administrative Member |
| Issue | Administrative Tribunals Act, 1985 - Section 22; Code of Civil Procedure, 1908 - Rules 1, 47, XLVII; Constitution of India - Articles 181, 182; Indian Evidence Act, 1872 - Sections 114, 123, 124, 22(3)(f) |
| Judgement Date | November 22, 2012 |
| Court | Central Administrative Tribunal |
Order:
Mr. B.K. Sinha, Administrative Member, (Jodhpur Bench)
1. The instant Review Petition seeks a review and modification of the order passed in OA No. 454 of 2001 decided on 4.5.2012 by this Tribunal. The impugned order reads as under:-
(i) The impugned transfer order dated 12.10.2011 [A-1] is quashed in respect of the applicant.
(ii) The competent authority is directed to consider the case of the applicant for posting within the division subject to availability of vacancy and other criteria.
The applicant has submitted that vide this order the Tribunal has directed the competent authority to consider the case of the applicant for posting within the Division subject to availability of vacancy and other criteria. There was a stay order operating in respect of this order on 18.10.2011 in the following terms:-
Heard. Issue Notice by Dasti. The applicant shall take-out notice and serve it on the respondents and produce evidence of having served within next ten days. The respondents are permitted to file a short reply on the question of interim relief claimed for by the applicant within ten days next. They are also entitled to file a detailed reply within four weeks. The applicant can thereafter file rejoinder within two weeks. In the interregnum, it is made clear that if the order Annex. A/1 dated 12.10.2011, qua the applicant, is to be implemented, it will be subject to the result of the OA, and all concerned officials shall also be specifically so informed by the respondents.
Post the matter for hearing and disposal on the matter of interim relief on 01.11.2011.
2. The applicant submits that this Tribunal omitted to take this order into account before passing the final order in the O.A.
3. This plea was severally opposed by the learned counsel for the respondents on the ground that the scope of the review is limited to correction of a clerical and factual errors and not the one which the applicant has raised in this R.A. which will otherwise amount to deciding an appeal over one's own judgment. A Review Application to this extent is not permitted within the purview of Administrative Tribunals Act, 1985. Hence, the learned counsel for the respondents has prayed for rejection of the Review Application.
4. Having gone through the pleadings of the parties and heard the respective counsels, the following Facts-in- Issue emerge:
1. Whether this Tribunal has powers to review its own decision to the extent of correction of clerical and factual errors or it extends beyond and if so to what limits?
2. What relief can be granted to the applicant?
Whether this Tribunal has powers to review its own decision to the extent of correction of clerical and factual errors or it extends beyond and if so to what limits?
5. In respect of this Issue, the power to review is not inherent to every Court but, it has to be vested. Section 22 of the Administrative Tribunals Act, 1985 deals with the powers vests with this Tribunal which reads as under:-
22. Procedure and powers of Tribunals.- (1) A Tribunal shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice and subject to the other provisions of this Act and of any rules made by the Central Government, the Tribunal shall have power to regulate its own procedure including the fixing of places and times of its inquiry and deciding whether to sit in public or in private.
(2) A Tribunal shall decide every application made to it as expeditiously as possible and ordinarily every application shall be decided on a perusal of documents and written representations and (after hearing such oral arguments as may be advanced).
(3) A Tribunal shall have, for the purposes of (discharging its functions under this Act), the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit, in respect of the following matters, namely:-
(a)...
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